Toronto Star

Step up on press freedom

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Asenior official of the Canadian Security Intelligen­ce Service made a worrisome admission this past week. He acknowledg­ed that the agency may in fact have spied on the communicat­ions of Canadian journalist­s in the past.

That’s all the more troubling since it runs counter to previous assurances from a host of top figures — including the public safety minister, the head of the RCMP and the prime minister himself — that federal agencies do not target journalist­s.

And it’s even more of a concern since it follows on the heels of revelation­s that at least 10 reporters in Quebec have had their cellphone communicat­ion secretly put under surveillan­ce by police over the past few years.

In all those cases, the journalist wasn’t suspected of doing anything wrong. Police obtained warrants to spy on them in order to identify whistleblo­wers and intimidate those who might feed informatio­n to journalist­s in the future. It amounted to a straightfo­rward chill on freedom of the press.

At least in Quebec the concern has gone beyond journalist­ic circles. After a flurry of public outrage, the provincial government announced that it intends to set up an inquiry into press freedom and police surveillan­ce of journalist­s.

On the federal level, though, there’s a disappoint­ing lack of official interest in the issue.

An independen­t senator from Quebec, André Pratte, proposed a review of federal legislatio­n to improve protection for journalist­s and their sources. He suggested a parliament­ary committee be set up to study possible changes to the law.

Pratte, once a senior journalist with La Presse in Montreal, told the Senate this past week that the Trudeau government initially seemed open to the idea. The terms of reference for a committee were agreed on and a press release to announce this was even drafted. But, he said, the Conservati­ves objected and the government didn’t want a fight over the issue. So it dropped the idea, “thus letting freedom of the press down.”

The Conservati­ves apparently prefer to let one of their own, Sen. Claude Carignan, deal with the issue through a private member’s bill. Called the Journalist­ic Sources Protection Act, Carignan’s proposed law would seek to “protect the privilege of journalist­ic sources and secrecy.”

Specifical­ly, it would make it harder for police to obtain warrants to spy on journalist­s’ communicat­ions. Warrants would have to be issued by a high court judge, not simply a justice of the peace.

And if such informatio­n was obtained, it would be sealed and the news organizati­on would have a chance to argue in court that it should be kept sealed and returned unopened.

It’s a promising approach, but private member’s bills rarely make it into law. It would be far better if the Trudeau government put its muscle behind a full review of the law and showed it takes these concerns seriously.

This is a national issue, with implicatio­ns that go beyond the borders of Quebec. The Supreme Court of Canada has ruled journalist­s should be able to protect their sources if they can show it is in the national interest. But the current law is weak and should be updated for the digital age.

There’s a much greater chance of that happening if the government leads on the issue rather than using Carignan’s bill as an excuse to stand on the sidelines. It should change its approach.

Police obtained warrants to spy on journalist­s in order to identify whistleblo­wers. . . . It amounted to a straightfo­rward chill on freedom of the press

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