THE SUPREME COURT DISMISSES THE ABSOLUTE RIGHT CLAIMED BY THE MEDIAS TO
PROTECT THE CONFIDENTIALITY OF THEIR SOURCES

MONTREAL, Oct. 22 /CNW Telbec/ - In a judgment rendered today, the Supreme Court of Canada dismissed the absolute right to the protection of the confidentiality of the sources claimed by the Globe & Mail. The Supreme Court confirms the position of Groupe Polygone that freedom of expression under the Quebec Charter cannot constitute the basis for recognizing a class-based, quasiconstitutional journalist-source privilege.

In its judgment, the Supreme Court establishes, for the first time, the criterias that must be applied in Quebec civil law in the context of civil litigation. In doing so, the Supreme Court has recognized the merits of Groupe Polygone's position that it is incumbent upon the media to demonstrate that the interest in maintaining journalist-source confidentiality outweighs the public interest in the disclosure that the law would normally require.

Moreover, the Supreme Court returns the file before the Quebec Superior Court to enable the Superior Court to apply the criterias it has now confirmed in its judgment to the questions asked to Mr. Daniel Leblanc, the Globe & Mail journalist. The Court clearly states that Mr. Leblanc could not refuse to answer a question that could materially advance Polygone's defense but which would not threaten the identity of "Ma Chouette". Only where there would be a real risk that Mr. Leblanc's answer would disclose "Ma Chouette"'s identity should the judge ask himself whether the balance of interests favours privilege over disclosure.

Groupe Polygone is therefore very satisfied with the judgment.

For further information:

MEDIA CONTACT
Mirabel Paquette
Stikeman Elliott LLP
Director, Marketing and Communications
[phone]
[email protected]