An Act to amend the Canada Evidence Act (protection of journalistic sources and search warrants)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

This bill was previously introduced in the 39th Parliament, 1st Session.

Sponsor

Serge Ménard  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Report stage (House), as of April 30, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

The purpose of this enactment is to protect the confidentiality of journalistic sources. It allows journalists to refuse to disclose information or a record that has not been published unless it is of vital importance and cannot be produced in evidence by any other means.
It establishes specific conditions that must be met for a judge to issue a search warrant to obtain information or records that a journalist possesses.
It also allows journalists to refuse to disclose the source of the information that they gather, write, produce or disseminate to the public through any media, and to refuse to disclose any information or document that could identify a source. However, a judge may order a journalist to disclose the source of the information if the judge considers it to be in the public interest, having regard to the outcome of the litigation, the freedom of information and the impact of the journalist’s testimony on the source.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 28, 2007 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Justice and Human Rights Committee, on March 5, 2008

  • Joshua Hawkes, As an Individual
  • Karen Markham, Counsel, Criminal Law Policy Section, Department of Justice
  • Josée Desjardins, General Counsel and Director, National Security Group, Department of Justice
  • Jill Wry, Director of Law, Military Justice, Policy and Research, Office of the Judge Advocate General, Department of National Defence

Justice and Human Rights Committee, on March 6, 2008

  • Chief Clayton Pecknold, Deputy Chief, Central Saanich Police Service, Canadian Association of Chiefs of Police
  • Pierre-Paul Pichette, Assistant Director, Corporate Operations Services, City of Montreal Police Service
  • François Bourque, President, , Fédération professionnelle des journalistes du Québec
  • Jennifer Strachan, Acting Director General, Community, Contract and Aboriginal Policing, Royal Canadian Mounted Police
  • Nicole Dufour, Lawyer, Research and Legislation Service, Barreau du Québec
  • Erik Vanchestein, Lawyer, Bar Member, Barreau du Québec