The Journalistic Sources Protection Act and CSIS Foreign Interference Whistleblowers
Abstract
This article assesses the effectiveness of Canada’s new Journalistic Sources Protection Act (JSPA) that aims to protect confidential news sources. The authors argue the reforms implemented under the JSPA as interpreted by the Supreme Court of Canada, while an improvement over the common law, do not go far enough. They argue that an interpretation of the JSPA should create a rebuttable presumption of non-disclosure, and that greater deference should be afforded to journalists who adhere to standard journalistic practices. The article finishes with a look at the case of the CSIS foreign electoral interference whistleblowers and how a reinvigorated interpretation of the JSPA as applied to that case would better advance the remedial purpose of the legislation.
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