P-33.1 - Act to protect the confidentiality of journalistic sources

Updated to 15 June 2018

This document has official status.

chapter P-33.1

Act to protect the confidentiality of journalistic sources

1. The purpose of this Act is to establish rules to govern the exercise of the rights it confers to protect the confidentiality of journalistic sources.

2018, c. 26, s. 1.

2. For the purposes of this Act,

“journalist” means a person whose main occupation is to contribute directly, either regularly or occasionally, for consideration, to the collection, writing or production of information for dissemination by the media, or anyone who assists such a person; and

“journalistic source” means a source whose anonymity is essential to the relationship between the source and the journalist to whom the source confidentially transmits information on the journalist’s undertaking not to divulge the identity of the source.

2018, c. 26, s. 2.

3. A journalist may object to disclosing information or a document before a court, body or person with the power to compel the production of information on the grounds that the information or document identifies or could identify a journalistic source.

A person who was a journalist when information that identifies or could identify a journalistic source was transmitted to the person may also object, in accordance with the first paragraph, to disclosing information or a document.

2018, c. 26, s. 3.

4. The court, body or person with the power to compel may, on the court’s, body’s or person’s own initiative, raise the application of section 3.

2018, c. 26, s. 4.

5. The disclosure of information or a document that identifies or could identify a journalistic source may not be authorized unless

(1)  the information or document cannot be produced in evidence by any other reasonable means; and

(2)  the public interest for the administration of justice in disclosing information or a document outweighs the public interest in preserving the confidentiality of the journalistic source given such considerations as the importance of the information or document to a central issue in the proceeding, the nature of the dispute, freedom of the press, and the impact of disclosure on the journalistic source and the journalist.

2018, c. 26, s. 5.

6. The court’s, body’s or person’s decision may set out any conditions the court, body or person considers appropriate to protect the identity of the journalistic source.

2018, c. 26, s. 6.

7. The person requesting the disclosure of information or a document has the burden of proving that the conditions set out in section 5 authorize the disclosure.

2018, c. 26, s. 7.

Code of Civil Procedure

8. (Amendment integrated into c. C-25.01, a. 31).

2018, c. 26, s. 8.

Code of Penal Procedure

9. (Amendment integrated into c. C-25.1, a. 8.2).

2018, c. 26, s. 9.

10. (Omitted).

2018, c. 26, s. 10.