Senator tables private member’s bill to protect sources, whistleblowers

The bill would amend the Canada Evidence Act to allow a journalist to refuse to disclose information that would identify — or likely identify — a journalistic source.

The only exception would be if the document could not be obtained by any other reasonable means and the public interest in the administration of justice outweighed the interest in preserving the source’s confidentiality.

The one requesting disclosure of the journalist’s source would have the burden of proving the case met these conditions.

The bill would also change the Criminal Code so that only a judge presiding in a superior court of criminal jurisdiction could issue a warrant for surveillance of a journalist.

Similarly, the judge would have to be satisfied there was no other way the information could reasonably be obtained and that the public interest outweighed the journalist’s right to privacy.

In addition, the information gathered by police through a judicial warrant would be sealed by the court. A notice would then be sent to the relevant journalist, who would have 10 days to oppose the officer’s request if the reporter believed the information could identify an anonymous source.

If the journalist opposed disclosure, the onus would be on the Crown to prove that the information was crucial to an ongoing investigation.

Carignan said the bill would bolster existing protections.

In two key 2010 rulings, the Supreme Court of Canada did not create blanket constitutional protection for journalists, saying they are a ”heterogeneous and ill-defined group of writers and speakers.”

Instead, the court spelled out a four-point test that allows judges to weigh competing public interests on a case-by-case basis.

— Follow @JimBronskill on Twitter

Jim Bronskill, The Canadian Press

by Canadian Press

Senator tables private member’s bill to protect sources, whistleblowers

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