National Post (National Edition)
Democratic pillar
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 outweigh 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.