There are very few definitions of the word “journalist” in existence. I asked the people at the Library of Parliament to do some research on this subject, and they came up with the same results as me. They came to the same conclusion. There have been some definitions for some specific purposes. In this case, because it is an issue not of protecting journalists but of protecting their sources, we wanted the definition of the word “journalist” to correspond to people who would be likely, in the practice of their profession, to be the guardians of some secrets or of anonymity. Our definition limits the sense of the word “journalist”. For example, it does not include people who write editorials. We define the word “journalist” as follows in the bill:
A person who contributes regularly and directly to the gathering, writing, production or dissemination of information for the public through any media, or anyone who assists such a person.
This is what one finds in the case law. The word “regularly” is important. We're not talking about someone here who wants to commit libel at some point. Furthermore, it is in the practice of the profession. It concerns the gathering of information and what follows that and it is through a media outlet. We are not talking about a private investigator or anything of that nature. Finally, it has to be intended for the public. I'm not talking about a niche group: I'm using an expression that is commonly used by journalists. We're talking about the general public. We're not talking about church bulletins, annual reports of corporations or other things of that nature, but indeed about information that is intended for the general public.
We have left enough flexibility to be able to plan for the future. Every morning, I read a paper on the Internet that is not easily accessible. I think there will be more and more papers on the Internet and some of them will only be available in that format. However, they will have to have people working for them that gather information and process it for the public. In addition, I added the words “anyone who assists such a person”. Experience in other jurisdictions has demonstrated that it was useful. In fact, cleaning ladies have been hired in some countries to go through journalists' notes in order to find out who their confidential sources were. The term “anyone who assists such a person” covers that kind of situation.
I also have an amendment to propose that, I believe, would deal with the objections that some police officers have raised and shared with me. As far as search warrants are concerned, I think I was able to appropriately sum up two Supreme Court cases that are part of the case law, that is to say the requirements of both Regina v. Lessard and CBC v. New Brunswick (Attorney General). I think that if you read the relevant excerpts, you will see that this summary is appropriate. I think we should probably be talking about “search warrants of media premises”. That is what I was saying in my presentation and it is also what is said in most of these cases. Journalists are not targeted at home.