Reporter must give RCMP material about accused terrorist: Supreme Court

The 9-0 decision is likely to be seen as a defeat for media

The Supreme Court of Canada says a reporter must give the RCMP material he gathered for stories about an accused terrorist.

The 9-0 decision is likely to be seen as a defeat for media that could leave them vulnerable to serving as investigative arms of the police.

In 2014, Vice Media reporter Ben Makuch wrote three articles about the involvement of Farah Shirdon, formerly of Calgary, with the Islamic State of Iraq and the Levant.

Shirdon had left Canada for Turkey in March of that year. A month later, he appeared in an ISIL propaganda video that turned up on the internet. He tore up his Canadian passport, threw it into a fire and said, “With help from Allah, we are coming to slaughter you.”

RELATED: Media are not an arm of the police, Vice lawyer tells Supreme Court hearing

Exchanges between Makuch and Shirdon through a text-messaging service were crucial to the articles.

In 2015, the RCMP obtained a production order under the Criminal Code, directing Vice Media and Makuch to provide documents and data relating to communications with Shirdon, who might now be dead.

Makuch brought an application to quash the production order, but it was dismissed — a decision upheld by the Ontario Court of Appeal.

The Supreme Court agreed to hear Makuch’s case, which squarely pitted press freedoms against the investigative powers of police.

In a previous case, the court had set out nine conditions for assessing the reasonableness of a search of a media outlet.

Vice Media argued at the Supreme Court that lower courts had been incorrectly applying, or failing to apply, the balancing test.

Philip Tunley, a lawyer for Vice Media, told the high court last May there should be clear protections for the media when enforcement agencies come knocking.

He said the result of current law and practice was “a chilling effect” on the media’s important role in gathering and publishing news in Canada.

RELATED: Rogers Media cuts ties with Vice Canada

Federal lawyer Croft Michaelson told the hearing there was “no merit” to criticisms of the robust legal framework in place for deciding access to media materials.

In its arguments, the Crown called the test a principled and flexible framework intended to curb any potential chilling effect that an order might have on the ability of the media to do its work. It said the courts had not been acting as rubber stamps that favoured the interests of law enforcement at the expense of freedom of expression.

Jim Bronskill, The Canadian Press

Just Posted

Port Alberni workers to honour Day of Mourning on April 28

Annual event honours workers who lost their lives on the job

Tseshaht First Nation athlete honoured with provincial sports award

Rain Thomas competes in three different sports

Alberni Valley firefighters pass the boot for Muscular Dystrophy

Annual fundraiser started in 1967 with Port Alberni Fire Department

Cougars spotted in Sproat Lake neighbourhoods

ACRD director warns residents to keep children, pets close

Who are the Frozen Franklins? Find out at the Alberni Valley Museum

The museum and Echoes in the Ice exhibit are open April 20 during Easter weekend

VIDEO: Alberni Valley celebrates Easter weekend

Port Alberni children enjoy Easter egg hunts and spring activities

B.C. VIEWS: NDP’s lawyer show is turning into a horror movie

Court actions pile up over pipelines, car insurance, care aides

United Way opens grants to help charities tackle social issues

Charities north of the Malahat can apply for grants $2,000 to $20,000

Second earthquake in less than two hours strikes off Vancouver Island

The first earthquake happened at 1:27 p.m., the second at 2:44 p.m.

PHOTOS: Green Party Leader Elizabeth May says ‘I do’ on Earth Day

May and John Kidder got married Monday morning in Victoria

Sri Lanka invokes war-time military powers after nearly 300 killed in Easter bombings

Sri Lanka’s minister of tourism says 39 foreign tourists were killed in the Easter Sunday attacks

Man’s body found in popular Cowichan Valley hiking area

Police say death not suspicious after discovery in Stoney Hill area overlooking Saltspring Island

Multiple sailing waits as BC Ferries deals with Easter Monday traffic

89 extra sailings had been added to the long weekend schedule

Most Read