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

Interior Health reports three additional COVID-19 cases in region

The number of cases in the region since the beginning of the pandemic are now at 492

UPDATE: Fire above Sparwood no threat to community

Mayor David Wilks reported it may be due to an exposed coal seam

Conservative opposition critic tours through Kootenay riding on listening tour

Pierre Poilievre, the Tory finance critic, gathering local feedback on pandemic supports, recovery issues

EKC makes $5,000 donation to Elk Valley ultrasound campaign

The EKC challenged other businesses to help the campaign hit its $300,000 target

City of Fernie to extend pilot snow removal program

Councillors voted unanimously on Sep. 17 to extend the program due to a lack of data points and disruption due to the pandemic

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

Supreme Court Justice Ruth Bader Ginsburg dies at 87

The court’s second female justice, died Friday at her home in Washington

Emaciated grizzly found dead on central B.C. coast as low salmon count sparks concern

Grizzly was found on Gwa’sala-‘Nakwaxda’xw territory in Smith Inlet, 60K north of Port Hardy

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

CHARTS: Beyond Metro Vancouver, COVID-19 cases in B.C. haven’t increased much recently

COVID-19 case counts outside of Metro Vancouver have been level since July

70-year-old punched in the head in dispute over disability parking space in Nanaimo

Senior’s turban knocked off in incident at mall parking lot

Most Read