March 1, 2012
CONSTRUCTIONS LOUISBOURG LTÉE c. SOCIÉTÉ RADIO-CANADA

Constructions Louisbourg, owned by Antonio Accurso, pleaded guilty in December 2010, to fraud, based on charges brought by the Canada Revenue Agency. The conviction came with a fine of over $4 million.

Radio-Canada broadcast a news report and published an article on their website to this effect. A few days after the broadcast a sealing order was granted on the file, at the request of Constructions Louisbourg.

Constructions Louisbourg asked for Radio-Canada to be found in contempt of court for violating the judge`s Order, and for violating the confidentiality of the file.

Radio-Canada took the position that they had not violated the Order or the confidentiality and that Constructions Louisbourg was seeking to gag Radio-Canada and its journalists and wished to obtain the identity of a confidential source.

Radio-Canada was not found in contempt of court. And, after applying the Wigmore test, the court found that the identity of the confidential source should not be revealed.