Halifax partner Nancy Rubin, QC, was interviewed by associate editor H.G. Watson for the J-Source article, Police force’s demand for Toronto Star video interview flies under the radar. This piece explores the recent case brought against the Toronto Star, in which a production order was secured by the Toronto Police Service compelling disclosure of the complete interview of a notorious criminal.

As President of the Canadian Media Lawyers Association, Nancy provided her thoughts on the subject. She explains how there are two main cases that influence the balance between search warrants, production orders and newsroom protection, and suggests that in order for a court to find in favour of the media in a particular case, facts would have to be presented that show that the relationship between the source and the reporter would be at stake by disclosing information. In doing so, Nancy states, “…that would in fact affect the ability to gather the news, which is constitutionally protected.” The article goes on to briefly discuss Bill S-231, or the Journalistic Sources Protection Act, which, if approved, could lead to better protection for journalists – “I think it would be preferable to have the higher standard built in and mandated,” says Nancy.