The court said the state's interest in prosecuting crime outweighed the media's right to privacy in gathering news when all factors were considered.A Vice Media reporter must give the RCMP material he gathered for stories about an accused terrorist, the Supreme Court of Canada has ruled in a case that pitted press freedoms against the investigative powers of police.In its 9-0 ruling Friday, the high court said the state's interest in prosecuting crime outweighed the media's right to privacy in gathering the news when all the factors in play were taken into account.Vice Media said the decision made it a "dark day for press freedom. READ MORE: Vice Media challenges RCMP demand for reporter materials in top Ontario court

In 2014, Vice Media reporter Ben Makuch wrote three articles about the involvement of Farah Shirdon, formerly of Calgary, with the Islamic State of Iraq and the Levant. A month later, he appeared in an ISIL propaganda video that turned up on the internet. He tore up his Canadian passport, threw it into a fire and said, “With help from Allah, we are coming to slaughter you.”

Exchanges between Makuch and Shirdon through a text-messaging service were crucial to the articles. In 2015, the RCMP filed an information to obtain order (ITO) compelling Vice and Makuch to produce all of his communications with Shirdon — who has since been killed, according to reports — including Kik Messenger chats, paper printouts, screen captures and any other computer records. READ MORE: Vice Media reporter forced to turn over materials to RCMP after Ontario appeal court ruling

Makuch brought an application to quash the production order, but it was dismissed _ a decision upheld by the Ontario Court of Appeal and now the Supreme Court. In its 9-0 decision Friday, the high court said the state’s interest in prosecuting crime outweighed the media’s right to privacy in gathering the news when all the factors in play were taken into account.
The Supreme Court of Canada says that Vice Media reporter Ben Makuch must give the Royal Canadian Mounted Police material he gathered for stories about an accused Islamic State terrorist.