The Supreme Court of Canada will hear arguments from the RCMP Wednesday, in a case that has raised concerns about journalists' ability to protect their sources.
"When you ask a journalist to become an investigative body of an intelligence agency, or a law enforcement agency, you are asking them to essentially corrupt what they do," Vice journalist Ben Makuch told The Current's Anna Maria Tremonti.
Makuch began speaking with ISIS fighters in 2013, including Canadian Farah Mohamed Shirdon. The interviews formed the basis for a series of articles on Vice. Despite the RCMP already knowing the identity of Shirdon — who is reported to have been killed three years ago — a request was made for Makuch's records. He refused, and told Tremonti he sees it as "a fishing expedition," to prove charges and set a precedent.
I communicate with an individual like this ... to be able to inform the public about what an individual like him is doing.- Ben Makuch
"I'm not the only journalist in Canada, or in the world, who communicates with people who do illegal things," Makuch said.
"I communicate with an individual like this ... to be able to inform the public about what an individual like him is doing."
Makuch argued that by requesting these records, the RCMP is co-opting journalists who work in the investigative space, and "corrupting a very powerful, very important institution, which is the press."
The CBC and a number of press freedom and civil liberties groups have been allowed to make brief presentations at the hearing in Ottawa. Media organizations argue that potential sources for contentious stories won't talk to the press if they don't feel protected.
"I think in this case, it goes beyond beyond source protection," argued Phil Gurski, a former strategic analyst with CSIS. "It relates more to helping the RCMP in an ongoing investigation."