Commons unanimous on protecting sources
Vote 277-0 on bill to protect whistleblowers and others who speak to journalists
OTTAWA— The Commons voted 277-0 Wednesday on a bill that would for the first time in Canada provide statutory protection for whistleblowers and other sources who speak to journalists on condition their identity not be revealed.
The Journalistic Source Protection Act — Bill S-231 — was introduced as a private member’s bill by Conservative Sen. Claude Carignan after revelations that Quebec and Montreal police had conducted surveillance of journalists’ communications in an effort to plug leaks.
The scandal prompted outrage and a public inquiry in that province.
Justin Trudeau’s Liberals, which have made its defence of democratic freedoms a badge of honour, agreed to support the bill last spring with certain amendments.
Under the proposed law, police would gain access to journalists’ source material only as a last resort, if there were no alternative means to obtain the information. It would amend the Criminal Code and the Canada Evidence Act to provide that a judge could approve asearch warrant or production order only after a closed hearing in which police or the state agency seeking the information would have to meet two tests:
That there is no other “reasonable” means to obtain the information.
The public interest in the investigation and prosecution of a criminal offence outweighs the journalist’s right to privacy in gathering and disseminating information.
Even then, the information that could reveal a journalist’s source would remain sealed.
Reporters and their news organizations would be notified and given the right to appeal any move by police to access information gathered from such investigations.
A police officer could not examine, reproduce or make copies of a document obtained under a search warrant unless a judge was satisfied the same conditions were met — that there is no other way to obtain the information and the administration of justice outweighs the journalist’s right to confidentiality.