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Comment by code_coyote | Hacker News Reader

What are the legal consequences if the records have been destroyed? And the reporter will answer any questions, but there are no notes, files, recordings, etc? Surely "contempt of court" isn't a life sentence?

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If the records are willfully destroyed by the reporter, the government could choose to file charges that go beyond "contempt of court" — Canadian law defines a "terrorist offence" to include, among others, accessory after the fact. The prosecution would presumably then need to demonstrate that the reporter knowingly hindered the prosecution of a terrorist and that this fits the available laws. Also, destroying one's records to protect one's own reputation as a reporter might well qualify as "for personal gain", further worsening their chances of having a plausible defense.

(d) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c);

https://laws-lois.justice.gc.ca/eng/annualstatutes/2001_41/F...

Would this apply if the reporter had destroyed the data prior to the government request? What about in the case where such a destruction were a condition set by the terrorist in order to proceed with the interview?

Those are useful questions to consider, but as with the risks I describe, ultimately would require a court decision.

2-5 years in Canada it seems for civil contempt. In the US it can be indefinite though. To be held in civil contempt you are supposed be able to free yourself by simply complying. If complying is not possible you can generally make a impossibility defense. The court should allow you free if it cannot be proved to the standard of clear and convincing evidence that you have the ability to comply.

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