Canada adopted a new law on 18 October that strengthens the protection of journalists' sources. The International Federation of Journalists (IFJ) joins it affiliates in Canada Unifor, CWA and FNC in welcoming a legislation that is “of a great importance for the journalism community, their sources and the public at large”.
Both House of Commons and Canadian Senate voted in favour of the Journalistic Source Protection Act, Bill S-231, which despite some loopholes, introduces important safeguards for whistleblowers who inform journalists about cases of corruption and other cases that damage the public interest.
The new law shifts the burden of proof in applications involving journalists and police services which concern the importance of revealing or protecting a confidential source. According to the law, a journalist is no longer obliged to convince a court to protect the confidentiality of her sources.
Instead, police services will have to demonstrate why there is a need to disclose the identity of a journalistic source. If police officers do not find other means to obtain information, a judge of the higher court will decide whether the police has a right to ask for the journalists’ source’s identity and accordingly.
In cases where the judge issues the warrant or production order to disclose the source, a journalist has 10 days to oppose the order and explain why the confidentiality of the source must be protected.
However, journalists’ organisations point to one major criticism to the law in that some categories of journalists will fall outside the protection which could challenge the confidentially of their sources.
“These changes in Canadian law are of great importance for the journalism community, their sources and the public at large. The protection of journalistic sources is a core journalistic principle enshrined in our Declaration of Principles. It is a prerequisite to a free and independent press and ensures that journalists have access to information, including the ones that reveal cases of corruption and government wrongdoings. It is in the citizens’ interests that the protection of journalists’ sources is truly respected. We welcome this big step forward in Canada,” said the IFJ General Secretary Anthony Bellanger.
Martin O’Hanlon, president of media union CWA Canada, hailed it as a great day for journalism and democracy: “We have been waiting a very long time for the government to respect and protect the vitally important relationship between journalists and sources. While this law does not provide absolute protection, it is a huge step forward. It puts the onus on authorities to convince the courts that compelling a journalist to disclose confidential information outweighs the public interest of protecting the identity of a source.”
Unifor Media Director Howard Law said: “The new shield law is far from perfect, but certainly worth celebrating. It sends an important signal that the media has vital role to play in a democratic society, and that press freedom is an essential part of what makes us all free”.
“New shield laws do not address the fundamental challenges to the survival of our media outlets, however. Our government has been given many option to deal with this, but has not acted.”
Pascale St-Onge, FNC President, said: "FNC welcomes the fact that Canada is no longer the worst of the class when it comes to confidentiality of journalists' sources. We hope that this new law will contribute to change existing culture within police forces both in Canada and Quebec. It is in the interest of citizens and of the well functioning of our society to eliminate threats to press freedom and freedom of expression."
