(Adds details from court decision, comments from lawyer and
reporter)
By Ethan Lou
TORONTO, March 31 (Reuters) - A Canadian court has ordered a
Vice News reporter to give police his communications with a man
police have alleged is an Islamic State fighter and charged with
terrorism-related offences.
According to a copy of the decision provided by Vice lawyer
Iain MacKinnon, national security reporter Ben Makuch was
ordered by the Ontario Superior Court of Justice on Tuesday to
surrender his instant messenger chat logs with Farah Shirdon to
the Royal Canadian Mounted Police (RCMP). Makuch had interviewed
Shirdon.
Police said last year that they believe Shirdon left Canada
in March 2014 to fight with Islamic State militants in Syria. He
was charged in absentia with leaving Canada to take part in the
activity of a terrorist group, and making threats towards Canada
and the United States in an Islamic State video.
According to the decision, the RCMP obtained a court order
to seize Makuch's files last year, and the news organization
applied to quash it. The decision notes the RCMP said Makuch's
communications with Shirdon are evidence, while Vice said
seizure of any journalist's records would violate press
freedoms.
Justice Ian MacDonnell dismissed Vice's application. In his
decision he said the logs relate to serious allegations, and
that there is "strong public interest" in their "effective
investigation and prosecution."
MacKinnon said Vice is considering an appeal, and Makuch
would not need to hand the files over until a decision on that
has been made.
Makuch said the order will affect the willingness of
confidential sources to speak with media, knowing records of
their conversations can be seized and used against them.
"I really don't want to comply with this, and I'm going to
look at every legal option available," he said.
An RCMP spokesman said in an email that the police force
respects the court decision
Started in 1994 as a Montreal punk magazine, Vice Media
Canada Inc has grown into a global multimedia brand with print,
television and online content. Its investors include Walt Disney
Co DIS.N .
(Editing by David Gregorio and Frances Kerry)