An Open Letter to the Hon. Vic Toews, Minister of Justice and Attorney General of Canada

On behalf of more than 1500 writers across Canada, I am writing to ask you to support the recent decision of Judge Lynn Ratushny on Section 4 of the Security of Information Act. The judge has ruled that three of its sub-sections used by the RCMP to obtain search warrants for the home of Ottawa Citizen journalist Juliet O’Neill, compromised the constitutional right to freedom of the press. We are asking that your government not appeal the decision.

As you stated while in opposition, the offending provisions of this law are too broad and too arbitrary. While the act states that it is illegal to posses secret information without authorization, it fails to define what "secret" is. The ability of writers and journalists to obtain critical information and to produce insightful and challenging books and articles are the signs of a healthy democracy, and an essential aspect of the freedom of expression that we enjoy in Canada.

However, those provisions of Section 4 of the Security of Information Act that were struck down by Judge Ratushny serve to undermine such freedoms and have a chilling effect on a writer's use of information obtained from government sources. While the original intent of this legislation was to prevent sensitive government information from being used to jeopardize Canada's national security, it was never intended to make criminals out of journalists who receive leaked government information.

We add our voice to the voices of PEN Canada, Canadian Journalists for Free Expression and the many other Canadians who also believe that Judge Ratushny's decision is an important affirmation of Canadians’ freedom of expression and should stand. Your government has made a commitment to transparency. This is your chance to act on that commitment.

Sincerely,

Ron Brown, Chair of The Writers’ Union of Canada

Cc Mr. Joe Comartin NDP Justice Critic
Ms. Susan Barnes Lib. Justice Critic