RCMP eyes expanded media protections amid concerns over police surveillance

OTTAWA — The RCMP is eyeing a policy change for organized crime investigations to better protect the rights of journalists, newly disclosed documents say.

The possible move follows revelations in Quebec about surveillance of reporters by provincial and municipal police and growing concern about the ability of journalists to shield sources from authorities.

Under a 2003 ministerial directive, the RCMP must take special care in nationalsecurity investigations involving sensitive spheres such as the media, politics, academia, religion and unions.

It means Mounties must seek high-level approvals before engaging in terrorism and espionage probes that touch these sectors.

“Recognizing the sensitivity of investigations involving the media, we are currently discussing how to apply this national security related ministerial directive to all RCMP federal investigations, such as those involving organized crime,” internal Mountie briefing notes say.

The Canadian Press recently obtained the November 2016 notes through the Access to Information Act.

Public Safety Minister Ralph Goodale, the cabinet member responsible for the RCMP, has previously said the government is reviewing the 2003 directive to ensure the language is sufficient to safeguard press freedoms.

“That work is ongoing,” said Scott Bardsley, a spokesman for Goodale.

“Freedom of the press is a fundamental Canadian value protected by the Charter of Rights and Freedoms and our government will defend it assiduously.”

The internal notes say the Mounties do not engage in activities to investigate or disrupt the efforts of journalists that are protected by the charter. “That said, the RCMP does have the mandate and responsibility to investigate criminal activity, which could involve individuals in a variety of professions, including journalism.”

The RCMP’s push to broaden the 2003 ministerial directive could spring from a desire within the force to avoid the pitfalls of spying on journalists — such as the current glare of publicity in Quebec, suggested Wesley Wark, a national security expert at the University of Ottawa.

In 2007, the RCMP contravened the ministerial directive in conducting physical surveillance of two journalists in an attempt to identify the person who leaked a classified Canadian Security Intelligence Service document.

The surveillance was unauthorized and ended once RCMP management became aware.

The 2003 directive is “not an immunity provision,” but rather is aimed at ensuring there is not “some lower-level constable who’s running amok,” said Craig Forcese, a law professor at the University of Ottawa.