The Supreme Court of Canada has recently declined to hear a challenge brought forward by the Canadian Broadcasting Corporation (CBC) against an order which necessitates the disclosure of a source and related documents. The litigation stems from a sexual misconduct case involving Vice-Admiral Haydn Edmundson of Canada’s Armed Forces.
This case has its roots in a 2021 CBC report on sexual assault allegations against Edmundson. Information from two unnamed sources formed the foundation of these allegations. Commensurate with the publication, Canadian Forces initiated their own investigation into Edmundson.
During the investigation, a previously unnamed female, referred to as unnamed female X, came forward with information for the police. Edmundson’s legal team demanded CBC to reveal the identity of unnamed female X prior to trial, arguing that the protections provided by anonymity were relinquished given her information was similar to that found in the CBC’s 2021 report.
However, the CBC countered this demand, invoking journalist source privilege, and argued that revealing the source would inflict significant difficulties in investigative reporting, particularly in sensitive matters like sexual assault. The court refuted this, concluding that the resemblance of the information provided to the police and CBC implied that unnamed female X voluntarily gave up such protections.
The ruling depended majorly on the court’s interpretation of section 39.1 of the Canada Evidence Act, concerning the release of information that may uncover a confidential source. It concluded that this section “did not bar disclosure”.
The CBC appealed this decision to the Ontario Superior Court of Justice; however, the appellate court stood by the lower court’s decision. Subsequently, the CBC took their appeal to the Supreme Court, which announced its refusal to hear the case without specifying the reasons on Thursday.
The CBC has yet to formally illustrate their next steps which could potentially involve further legal proceedings or compliance with the disclosure order.