Bill S-231 (Historical)

Journalistic Sources Protection Act

An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources)

This enactment amends the Canada Evidence Act to protect the confidentiality of journalistic sources. It allows journalists to not disclose information or a document that identifies or is likely to identify a journalistic source unless the information or document cannot be obtained by any other reasonable means and the public interest in the administration of justice outweighs the public interest in preserving the confidentiality of the journalistic source.
The enactment also amends the Criminal Code so that only a judge of a superior court of criminal jurisdiction or a judge within the meaning of section 552 of that Act may issue a search warrant relating to a journalist. It also provides that a search warrant can be issued only if the judge is satisfied that there is no other way by which the desired information can reasonably be obtained and that the public interest in the investigation and prosecution of a criminal offence outweighs the journalist’s right to privacy in the collection and dissemination of information. The judge must also be satisfied that these same conditions apply before an officer can examine, reproduce or make copies of a document obtained under a search warrant relating to a journalist.

Journalistic Sources Protection Act

[The Assistant Deputy Speaker, Carol Hughes]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Carol Hughes]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, Carol Hughes]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Assistant Deputy Speaker, Carol Hughes]

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 98 the recorded division stands deferred until Wednesday, October 4, immediately before the time provided for private members' business.

It being 2:03 p.m., the House stands adjourned until Monday at 2 p.m. pursuant to order made on Friday, September 22.

(The House adjourned at 2:03 p.m.)

The House resumed from September 29 consideration of the motion that Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources), be read the third time and passed.

[The Speaker, Geoff Regan]

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill S-231 under private members' business.

(The House divided on the motion, which was agreed to on the following division:)

Vote #361

[The Speaker, Geoff Regan]

I declare the motion carried.

(Bill read the third time and passed)