On January 18th, a federal judge ordered two Montreal La Presse reporters to reveal the name of the source who leaked a confidential Canadian Security Intelligence Service (CSIS) document accusing a man of having terrorist ties.
Based on the document, the La Presse report reveals that Moroccan-born Adil Charkaoui was found to be discussing a terror plot with his employee, Hashim Tahir, in 2000 and had received military training in Afghanistan. Charkaoui, who was arrested in 2003 and is out on bail under a federal security certificate, wants to halt case proceedings because he believes the leak infringes on his right to a fair trial. He says the information was damaging, false and illegal, and compares his situation to Maher Arar's. Meanwhile, La Presse plans to appeal the court's decision.
The judge said that evidence for the security certificate, which allows a person to be detained or deported if suspected to be a national threat, is supposed to be confidential, and it's against the law for a third party to divulge the information.
Rarely do courts order journalists to divulge their sources and rarely are they arrested for not complying. However, it's strange that there is no law protecting the rights of journalists in these kinds of situations. The right to justice automatically trumps the right to protect sources, and therefore, the right to a free press, which is a fundamental right in Canada's Charter of Rights and Freedoms.
Nowadays, it is more common than it was ten years ago for the media to report on the proceedings of trials and information regarding defendants, especially when it is in the public interest, which I believe it is in this case. Still, I also believe that any news organization must be extremely careful about the credibility of the source, any ulterior motive the source may have and how much proof there is to back up the claims before publishing such sensitive information. The context of the information should also be explained to readers. If all this was taken into consideration, then I believe the La Presse reporters were justified in publishing the information and should not be forced to compromise their ethical code by exposing sources.
Even after taking precautions if the CSIS information turns out to be incorrect, it will shed light on CSIS's intelligence-gathering practices, hold them accountable for targeting an innocent man and raise questions about the security certificate. Isn't it the job of the press to promote discussion about these difficult issues?