Vice reporter ordered to turn over materials to RCMP
A Vice Media reporter must give the RCMP the background materials he used for stories on an accused terrorist, Ontario’s top court affirmed Wednesday.
In a case that pitted freedom of the press against the ability of police and prosecutors to do their work, the Ontario Court of Appeal said it found no errors in an earlier ruling that went against the Canadian media outlet. Reporter Ben Makuch, backed by various media and civil rights groups, had fought the RCMP’s production order, arguing police use of journalists to further criminal investigations would make sources reluctant to come forward. However, the Appeal Court said Superior Court Justice Ian MacDonnell had been alive to a potential “chilling effect” in this case. “(MacDonnell) was clearly alive to the concerns about the negative impact of requiring the media to produce material for the police,” the Appeal Court said. “He implicitly addressed that concern as it existed on the facts of this case by identifying factors that tended to significantly reduce the potential ‘chilling effect’.”
Those factors include an absence of a request by Makuch’s source for confidentiality — in fact the source was “anxious to tell the world” about his beliefs and conduct, the Appeal Court said. Vice expressed disappointment with the Appeal Court decision but said it might try to continue its legal battle by seeking leave to take the case to the Supreme Court of Canada.
“Simply put, this isn’t over,” the media outlet said in a statement.
“Vice Media is prepared to do whatever it takes to support and defend our reporter, and our friend, Ben Makuch. His investigations into the complex world of cyber terrorism and digital security matter more now than ever. Ben’s work and the vital principle of a free press must be protected.”