Correct me right away if I'm wrong, but I think Ms. O'Neill is the one who published information about Maher Arar in the Toronto Star. Justice O'Connor went to the trouble of investigating this and found that the information was false. I certainly do not want to protect that kind of thing. And that's why I'm suggesting an amendment.
When the judge applies subsection 39.1(5) and weighs up findings in the matter, freedom of information, its legitimacy, and the ramifications testimony on the source would have—and the source himself would have committed a crime for having provided information with such a goal in mind—I believe the judge will necessarily come to the conclusion that the source is not protected.
Now, I'll say this quite honestly, my goal was not to protect police officers or secret agents either when they use journalists to discredit somebody they're not in a position to charge. Moreover, when you factor in the addition I suggested earlier, those cases would be covered.