A SHIELD LAW IS ESSENTIAL

It is no exaggeration to say that journalists’ ability to keep their sources confidential is essential to the proper functioning of our democracy.

Whistleblowers are much less likely to share information about nefarious deeds if they have reason to fear for their jobs, or even their lives, if their identity is revealed. Without help from insiders, journalists would never have been able to uncover any number of abuses, or highlight situations calling for corrective action. If such matters escape public attention, citizens can’t hold officials accountable.

Until now, Canada has been a laggard when it has come to shield laws offering protection for journalistic sources. That was illustrated all too vividly last fall when it was revealed that police in Quebec had obtained warrants to monitor the communications of several journalists, including Patrick Lagace of La Presse. The warrants were granted without due consideration or sensitivity to the essential role played by the news media as a purveyor of information in the public interest.

But when Bill S-231, The Journalistic Sources Protection Act, becomes law, this country will move from laggard to leader.

The private member’s bill, sponsored by Conservative Senator Claude Carignan, was passed by the Senate in April. Last week, in a welcome reversal, the Liberal government indicated it will proceed with it in the House of Commons.

The bill would not afford journalists absolute protection from police searches. Rather, it would allow the balancing of competing societal interests. It would require that there be no other way for police to obtain the information they are seeking, and that the public’s interest in the administration of justice outweighs the public’s interest allowing a journalist’s sources to remain secret. It would be that much more difficult for authorities to go on fishing expeditions in hopes of having a journalist lead them to a whistleblower. As a further protection, the bill would also require that warrants be granted by senior judges, and not merely by justices of the peace. In sum, the bar would be set much higher than it currently is, granting a measure of privilege to the journalist-source relationship.

Several of Canada’s largest news organizations, including Postmedia, owners of this newspaper, have joined together to advocate for this legislation.

The Journalistic Sources Protection Act deserves unanimous support. At a time when the Senate has been particularly fractious, that it saw fit to pass this private member’s bill testifies to broad recognition of the public interests at stake. The House of Commons should show a similar sense of purpose, and ensure that

Bill S-231 becomes law without delay.