Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 24 - Minutes of Proceedings - March 8, 2017
OTTAWA, Wednesday, March 8, 2017
(57)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:19 p.m., in room 257, East Block, the deputy chair, the Honourable George Baker, P.C., presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Batters, Boisvenu, Carignan, P.C., Dagenais, Dupuis, Joyal, P.C., Lankin, P.C., Munson, Omidvar, Pate, Pratte, Sinclair and White (14).
In attendance: Maxime Charron-Tousignant, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, December 14, 2016, the committee continued its consideration of Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources). (For complete text of the order of reference, see proceedings of the committee, Issue No. 21.)
The committee continued its clause-by-clause consideration of Bill S-231 with the consideration of the following amendment moved by the Honourable Senator Carignan, P.C. at the previous meeting:
that Bill S-231 be amended in clause 2, on page 1, by replacing line 13 with the following:
"either regularly or occasionally, for consideration, to the collection, writing or''.
After debate, it was agreed that the Honourable Senator Carignan, P.C. be allowed to withdraw the motion in amendment.
The Honourable Senator Pratte moved that Bill S-231 be amended, in clause 2, page 1, by replacing lines 12 and 13, with the following:
"journalist means a person whose main occupation is to contribute directly, either regularly or occasionally, for consideration, to the collection, writing or''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Carignan, P.C. moved that Bill S-231 be amended in clause 2, on page 2, by adding after line 8, the following:
"(3.1) For the purposes of subsections (3) and (7), journalist includes an individual who was a journalist when information that identifies or is likely to identify the journalistic source was transmitted to that individual.''
After debate, the question being put on the motion in amendment, it was adopted.
The Honorable Senator Pratte moved that Bill S-231 be amended in clause 2, on page 2,
(a) by replacing lines 19 and 20 with the following:
"sure of information or a document only if they consider that'';
(b) by replacing line 22 with the following:
"in evidence by any other reasonable means;'';
(c) by replacing line 30 with the following:
"source and the journalist; and''; and
(d) by adding after line 30 the following:
"(c) due consideration was given of all means of communication that would preserve the identity of the journalistic source.''.
After debate, the Honourable Senator Sinclair moved that the motion in amendment be amended in (d) by replacing it with the following:
"(c) due consideration was given to all means of disclosure that would preserve the identity of the journalistic source.''.
It was agreed that consideration of the subamendment be suspended until the law clerk could be consulted as to whether changes would be needed to the French of the proposed amendment as well.
Debate.
The clerk informed that committee that the law clerk recommended that the word "communication'' in the French be changed to "divulgation'' if the committee adopts the proposed subamendment.
After debate, the question being put on the subamendment, it was adopted.
After debate, the question being put on the motion in amendment, as amended, it was adopted.
It was agreed that clause 2, as amended, carry.
The deputy chair asked whether clause 3 shall carry.
The Honourable Senator Carignan, P.C. moved that Bill S-231 be amended in clause 3, on page 4, by replacing lines 9 and 10 with the following:
"Act of Parliament, a warrant under section 487.01, 487.1, 492.1 or 492.2, a search warrant under this Act, notably under section 487, or any other''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Carignan, P.C. moved that Bill S-231 be amended in clause 3, on page 4, by adding after line 27 the following:
"(3.1) The judge to whom the application for the warrant, authorization or order is made may, in his or her discretion, request that a special advocate present observations in the interests of freedom of the press concerning the conditions set out in subsection (3).''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 3, as amended, carry.
It was agreed that clause 1 carry.
It was agreed that the title carry.
It was agreed that the Bill, as amended, carry.
The deputy chair asked whether the committee wished to append observations to the report on the bill.
After debate, it was agreed that no observations be appended to the report on the bill.
It was agreed that the deputy chair request an opinion from the Department of Justice regarding the concerns raised by the Canadian Association of Chiefs of Police about the wording of clause 3 of the bill.
It was agreed that the deputy chair report the Bill, as amended, to the Senate.
At 6 p.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee