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Reporter should provide RCMP material on accused terrorist: Supreme Court

Jim Bronskill, Canadian Press

Published on Friday, 30 November 2018, at noon. 9:58 EST

Last Updated on Friday, November 30, 2018 at 10:00. 10:57 EST

OTTAWA – The Supreme Court of Canada says reporters must submit RCMP material that they have collected on stories of an accused terrorist.

Decision 9-0 is likely to be considered a defeat for mass medals, which may leave them vulnerable to police intelligence operations.

In 2014, vicegerent Ben Makuh wrote three articles on Farah Shirdon, formerly from Calgary, engaging in Iraqi and Levant Islamic countries.

Shidron left Canada for Turkey in March this year. He later appeared in the ISIL propaganda video that appeared on the Internet later this month. He pulled out his Canadian passport, threw it in the fire and said: "With Allah, we come to slaughter you."

Changes between Makuch and Shirdon through the text messaging service were decisive articles.

In 2015, the RCMP obtained a production order under the Penal Code, running Vice Media and Makuch, to submit documents and data relating to communication with Shyron, who might now be dead.

Makuch applied for the production order to be canceled, but it was rejected – a decision confirmed by the Ontario Court of Appeal.

The Supreme Court agreed to hear Mike's case, which almost completely squandered the freedom of investigation of the police.

In the previous case, the court had set nine conditions for assessing the search for media search.

Vice Media argued in the Supreme Court that lower courts had misapplied or failed to apply a balance test.

In May last year, the High Court, Philip Tunley, stated that the media must have clear protection requirements when the law enforcement agencies are knocking.

He said that the result of the current legislation and practice is the "cooling effect" of the important role of the media in collecting and publishing Canada's news.

Federal lawyer Croft Michaelson said at the hearing that "it makes no sense" to criticize the strict legal framework for deciding on access to media material.

In her argument, Crown called the test a principled and flexible system designed to stop the chances of cooling, which may be an order for the media's ability to do its job. It said that the courts did not act as rubber stamps, which had a positive effect on law enforcement at the expense of freedom of speech.

Advertising site said CTV News:

This is a dark day for freedom of the press, a fundamental principle of democracy. Although we have lost this battle, nothing can clarify our belief that free press is a tool for a genuine understanding of the world in which we live. We will continue to promote the voice of young people to speak the truth.

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