This past Wednesday, Oct. 4, Bill S-231, also known as the Journalistic Sources Protection Act, was passed through the House of Commons after being well supported by all parties. Bill S-231 was presented as an amendment to the Canada Evidence Act and the Criminal Code surrounding the protection of journalistic sources. The amendment will ensure that the sources of journalists remain confidential, as it enables journalists to withhold information and/or documentation from the police should it likely lead to the identification of the source.
This new enactment can only be violated as a last resort if it has been determined by a judge of a superior court that the information cannot be found elsewhere, or if the administration of justice has been deemed to outweigh the rights of journalistic confidentiality, in terms of public interest. The development of the bill was prompted by the outrage of citizens following the Quebec Police’s scandal surrounding the alleged exploitation of journalists by unwarranted police surveillance.
While there has always been controversy surrounding the legality of protecting whistleblowers and other journalistic sources, the fact remains that without protection of confidentiality, many sources that would be vital to journalists may not feel comfortable enough to come forward. MP Christine Moore of the Quebec NDP spoke of this at the final reading of the bill, stating:
“Freedom of the press is a fundamental principle in Canada and Quebec. Our journalists deserve to know that they can do their job without being spied on with impunity. Furthermore, Quebecers and Canadians deserve to know that they are protected when they speak to a journalist, and that there will be no fallout.”
Though members of all parties were in favour of the bill, there has been some criticism surrounding the failed attempt of passing a similar bill 10 years ago, raising questions as to why it took the compromising of Quebec’s media sources to get the ball rolling again.
Fundamental democratic freedoms are immensely important to Canadians, and when press freedoms are undermined, as was the case in Quebec, it becomes apparent that our legislation surrounding these issues is not quite at the level we believe it to be. Bill S-231 has definitely been viewed as a step in the right direction. As Bill Blair, Liberal MP and parliamentary secretary to the Minister of Justice, succinctly stated in a House debate, “The independence of a free press is the hallmark of our democracy, and it is critical.”
Photo Courtesy of Transparency International