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Supreme Court of Canada to Decide on Protection of Journalistic Material

From CBC News:

The materials at issue relate to three stories Makuch wrote in 2014 on a Calgary man, Farah Shirdon, 22, charged in absentia with various terrorism-related offences. The articles were largely based on conversations Makuch had with Shirdon, who was said to be in Iraq, via the online instant messaging app Kik Messenger.

With court permission, RCMP sought access to Makuch’s screen captures and logs of those chats. Makuch refused to hand them over.

RCMP and the Crown argued successfully at two levels of court that access to the chat logs were essential to the ongoing investigation into Shirdon, who may or may not be dead. They maintained that journalists have no special rights to withhold crucial information.

Backed by alarmed media and free-expression groups, Makuch and Vice Media argued unsuccessfully that the RCMP demand would put a damper on the willingness of sources to speak to journalists.

The conflicting views will now be tested before the Supreme Court.

This case matters for numerous reasons.

First, there has been a real drying up of certain sources, which has prevented journalists in Canada from bringing material to public light. Such material doesn’t just pertain to terrorism and foreign combatants but, also, white collar crime, political scandals, cybercrime issues, and more. The Canadian public is being badly served by the Crown’s continued pursuit of this case.

Second, this case threatens to further diminish relations between the state and non-state actors who may, as a result, be (further) biased against state authorities. It’s important to be critical of the government and especially aspects of the government which can dramatically reshape citizens’ life opportunities. But should the press gallery adopt an unwarranted and more critical and combative tone towards the government there could be a deleterious impact on the trust Canadians have in their government . By extension, this could lead to a further decline in the willingness to see the government as something that tries to represent the citizenry writ large. That kind of democratic malaise is dangerous to ongoing governance and a threat to the legitimization of all kinds of state activities.