Article content continued

RCMP charged the Toronto-born Shirdon, 22, in absentia last September with several offences, including leaving Canada to participate in the activity of a terrorist group, taking part in the activity of a terrorist group, and threatening Canada and the U.S.

Police said they needed the Makuch materials as proof Shirdon had been in Iraq. They also want to know how Makuch tracked the suspect down, but the reporter said he simply monitored his online activities.

Makuch did not immediately respond to a request for comment, but his lawyer, Iain MacKinnon, said Thursday they were considering an appeal.

“(I’m) concerned about the impact it could have on the ability of journalists to properly do their jobs,” MacKinnon said.

(I’m) concerned about the impact it could have on the ability of journalists to properly do their jobs

“Police officers investigating crimes may start using similar production orders more often in the future and rely on journalists as an investigative arm or tool to gather evidence in their investigations.”

MacDonnell, however, accepted government arguments that Vice was the only source of the needed information.

“The screen captures are a copy of the actual electronic messages that Shirdon placed on Mr. Makuch’s computer screen,” MacDonnell said. “They are highly reliable evidence that do not require a second-hand interpretation.”

The justice also rejected Vice’s argument that police essentially already had all the relevant information.

He said he was satisfied the judge who issued the initial production order last year had taken into account the special position of the media, and had properly balanced the interests of law enforcement and the media’s right to freedom of expression.