Media Release

CJFE salutes landmark ruling in Juliet O’Neill case

Toronto, October 19, 2006

Canadian Journalists for Free Expression (CJFE) welcomes the definitive ruling today in the case of Ottawa journalist Juliet O’Neill, which strikes down the secrecy law used to justify the RCMP raid on her home in 2004.

Superior Court of Ontario Judge Lynn Ratushny in her ruling finds that the use of sections of the Security of Information Act (SOIA) are invalid; that they are overbroad vague and open to misuse; and that they infringed upon O’Neill’s Charter rights to freedom of “expression, including freedom of the press.” She also turned down the Crown’s request to have the “declaration of invalidity be suspended for one year to permit Parliament to legislate.”

In the ruling, Judge Ratushny writes that the warrants to search O’Neill’s home and office were used inappropriately to gain access to the journalist, and amounted to “intimidation of the press and an infringement of the constitutional right of freedom of the press.”

CJFE Board member Bob Carty “welcomed today’s ruling as a major victory for press freedom in Canada.” He further commented that “it seems that increasingly the courts are recognising that to have a healthy media, and thus a vigorous democracy, governments must respects the rights of journalists to protect their sources.”

The raid, on January 21, 2004, which appeared to be in response to O'Neill's article about the Maher Arar case, was carried out under a search warrant obtained under the Security of Information Act. The RCMP were attempting to identify the RCMP source that leaked information to O'Neill.

CJFE member Paul Knox says this is exactly what CJFE predicted in 2001 when it opposed the government's new Anti-Terrorism legislation, including the new Official Secrets/SOIA. At that time, CJFE warned, "that it could lead to the prosecution of a journalist or indeed any Canadian who receives and disseminates information whose publication is clearly in the public interest."

Judge Ratushny also pointed out that the Security Act effectively restricts “the free flow of government information,” and limits the “freedom of the press regarding the functioning of government institutions.”

Documents and other material seized by the RCMP were ordered to be returned to Juliet O’Neill.

CJFE is an association of more than 300 journalists, editors, publishers, producers, students and others who work to promote and defend free expression and press freedom in Canada and around the world. For more information, contact Julie Payne at (416) 515-6922 or send an e-mail.

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