That depends on the jurisprudence you refer to. And also, I'd need more details on the hypothetical case relating to national security that you're referring to.
I actually read the transcript of the case you're referring to closely and I refer you to paragraphs [116] and thereafter, including [118]—which I will not read aloud now—since you seem to be familiar with them. You'll see that by applying my bill, and also the amendment put forward, the decision would be the same. Furthermore, it's a decision with which I would agree.
Now, when I drafted my bill, I modelled it not only on Canadian jurisprudence, but also international jurisprudence. I read cases from the European Court of Human Rights, including Goodwin v. United Kingdom. I can tell you that what you find in my bill is basically the norm in civilized countries such as ours; countries which consider journalistic independence to be a fundamental value in a modern democracy.
In fact, if you read subclause (5)(b), the judge is called upon to weigh things up. Now, for further clarity, I'd suggest you add paragraph (iv), which would be similar to subclause (8)(b). You would still have all of that as a safeguard since that's what the Ontario Court of Appeal decision was based on, that is on the object used to transport the fraudulent document. In other words, the envelope itself would have been used in the commission of a serious offence. Under my bill, I'm convinced that by applying the principle of subclause (5)(b)—