The other countries I've mentioned all have exclusions. That's why I think, when the Federal Accountability Act came into effect, section 68.1 was drafted as an exclusion. I don't know. In French, I wasn't
dans le secret des dieux, or in the know, as they say.
I wasn't behind the scenes with the government when this was drafted, but it seems as though it followed an international model. Although I like the international models most of the time, in this case, I don't see the necessity for an exclusionary provision. I think an injury-based exemption would be sufficient. It actually allows the institution to say, “Well, this information is covered by this exemption, and if it is disclosed it will lead to the following harm, i.e., it will lead to the disclosure of journalistic sources that must be protected.” But it also allows for, in some instances, a public interest analysis, which says, “Well, yes, there is a harm, but is the public interest in disclosure greater than the harm?” That's the analysis you go through when you have an injury-based discretionary exemption. That's what I think would be appropriate in this case. But internationally I would be the outlier, certainly, in terms of the models that exist right now.