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.

[The Deputy Speaker, Bruce Stanton]

Order. I have the honour to inform the House that a communication has been received as follows:

Rideau Hall Ottawa

October 18th, 2017

Mr. Speaker,

I have the honour to inform you that Ms. Patricia Jaton, Deputy Secretary to the Governor General, in her capacity as the Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 18th day of October, 2017, at 1:00 p.m.

Yours sincerely,

Stephen Wallace

The schedule indicates the bills assented to were Bill S-226, An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act, and Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources).

Public Safety and National Security

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, I have the honour to present, in both official languages, the 13th report of the Standing Committee on Public Safety and National Security concerning Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources).

If you would allow me, I would like to thank the members of my committee for the herculean task of doing this in just 10 days, as well as the member for Louis-Saint-Laurent for sponsoring it in the House.

I would also like to thank the following people for the herculean task of getting this bill done in nine days: the clerk, Jean-Marie David; the legislative clerk, Philippe Méla; the analysts of the committee, Tanya Dupuis and Dominique Valiquet; and my staff person, Jake Eidinger.

The committee has studied the bill and has decided to report the bill back to the House with amendment.

Message from the Senate

[The Speaker, Geoff Regan]

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bills, to which the concurrence of the House is desired: Bill S-226, An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act, Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources), and Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements).

It being 4:15 p.m., pursuant to order made Monday, April 3, 2017, the House stands adjourned until tomorrow at 10 a.m,. pursuant to Standing Order 24(1).

(The House adjourned at 4:15 p.m.)