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 new COVID-19 cases announced in Interior Health region

The total number of cases in the region is at 533

Regional District of Okanagan-Similkameen compost project receives recognition

Federation of Canadian Municipalities names regional district for environmental leadership

6 puppies rescued in mass seizure on Princeton farm have died of illness: BC SPCA

Of the 97 distressed horses, cats and dogs seized, most of the puppies suffered from parvo

More wildfire smoke to fill the Okanagan

The smoke is coming from wildfires in California but is expected to be much lighter

B.C. counts 125 new COVID-19 cases, up to 1,284 active

No new deaths or health care facility outbreaks

Winter tires, chains now mandatory along most B.C. highways

Drivers without the proper winter tires – which must also be in good condition – can be fined $109

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Documentary to celebrate the Shuswap’s music scene

Local initiative to feature several of the region’s artists

Guns seized in relation to southeast Kelowna murder investigation

RCMP seized several firearms from a West Kelowna home on Tuesday

Health Canada green-lights rapid COVID-19 test

Health Canada approved the BCube test from Hyris Ltd. in the United Kingdom Sept. 23

First Nations Health Authority chief medical officer concerned with rising COVID-19 cases

“There’s still so much we don’t know and we’re learning everyday about this particular virus.”

FINLAYSON: COVID-related job losses concentrated in urban areas… especially Metro Vancouver

The biggest job losses, in absolute terms, have been in Metro Vancouver

Action demanded over death of First Nations youth in Abbotsford group home

Family and Indigenous organizations push for thorough investigation

Most Read