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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Two overdose deaths in Nelson over the weekend

Police warn that much of the current drug supply in the city may be dangerous

Cottonwood Lake Society announces $15,000 in new funding

The Nelson Rod and Gun Club and Royal Bank of Canada have chipped in

Nelson and RDCK both eyeing waste wood to produce energy

Nelson’s five-year-old business plan will resurface at council table this summer

Investigation ongoing into death of Warfield woman

West Kootenay Traffic Services and BC Coroners Service working on the case

Castlegar students say thanks to local RCMP

Robson Community School students show up for RCMP Appreciation Day

Protesters barricade Premier John Horgan’s home ahead of B.C. budget unveiling

Demonstrators from the Extinction Rebellion have blocked the Langford driveway

Budget 2020: Not much new for B.C.’s struggling forest industry

Focus on wood waste utilization, efficiency, ministry budget cut

Skull reconstruction gives new insight into unknown man found in B.C. cemetery

RCMP released a 3-D skull reconstruction of a man who was found dead on July 2, 1998

Forest industry supporters and convoy arrive at B.C. legislature in Victoria

Rally delivers petition in favour of ‘working forests’

Ten poisoned eagles rushed to veterinary hospital in Nanaimo

Eagles stricken after eating flesh of euthanized animal at Nanaimo Regional Landfill

What’s in a name? The story of Revelstoke’s Mt. Begbie

It’s likely the iconic peak had several Indigenous peoples’ names before settlers arrived

Trudeau says Wet’suwet’en crisis, rail blockades a critical moment for country

First Nations leaders suggest it may be time to peacefully end the blockades

B.C. budtenders become first private cannabis workers to unionize in Canada

Two of seven Clarity Cannabis storefronts vote to join UFCW 1518 union

Kids exposed to household cleaners as newborns more likely to get asthma: B.C. study

Air fresheners, plug-in deodorizers, antimicrobial hand sanitizers and oven cleaners were the worst culprits

Most Read