Supreme Court decision on Vice Media a major ‘setback’ for investigative reporting in Canada: experts – New Brunswick


The Supreme Court of Canada’s decision to compel a Vice Media reporter to hand over material about an accused terrorist will have a damaging effect on investigative reporting across the country and weaken Canadian democracy, say experts and press freedom advocates.

On Friday, Canada’s highest court ruled in a 9-0 decision that Vice reporter Ben Makuch will have to turn over any communications with Farah Mohamed Shirdon, a Calgary man who left Canada to join the so-called Islamic State.

Jeffrey Dvorkin, director of the journalism program at the University of Toronto Scarborough, said the decision is a major “setback for journalists in Canada” as it could leave them open to being perceived as operating as “police agents.”

“Anytime a journalist says to a confidential source, ‘I promise keep your name out of the story,’ now journalists can’t give that guarantee,” Dvorkin said. “We are going to see more intimidation from organizations that are going to prevent journalists from doing their jobs.”

READ MORE: Canadian jihadi Farah Mohamed Shirdon killed in Iraq airstrike in 2015

Dvorkin said that confidential sources, like whistleblowers, might think twice about speaking with a journalist if security agencies can compel journalists to reveal information.

“This is going to be the detriment of journalism and our democracy in general,” he said.

The Supreme Court decision centers on several articles written by Makuch in 2014 based on interviews he had with Shirdon, an outspoken Canadian ISIS member who was infamously featured in a propaganda video that showed him ripping up his Canadian passport and throwing it in a fire.

Shirdon was charged by RCMP with six terror-related offences and investigators obtained a production order in 2015 for Makuch to hand over any communications with the suspected terrorist in order to build their case.

Global News first reported in September 2017 that U.S. Central Command (CENTCOM), which oversees U.S. military operations in Syria and Iraq, found that Farah Mohamed Shirdon was killed in the city of Mosul on July 13, 2015.

VICE Media and Makuch had fought to have that production order overturned in three lower courts, but the decision was upheld by the Supreme Court on Friday. Several civil liberties groups and media outlets, including Global News, acted as intervenors in the case.

READ MORE: Vice Media challenges RCMP demand for reporter materials in top Ontario court

Writing on behalf of the majority, Justice Michael Moldaver said the production order for Makuch’s materials should stand because disclosure of the materials would not reveal a confidential source as Shirdon used the media to publicize extremist views.

“Mr. Makuch’s own conduct shows that the relationship was not confidential in any way,” Moldaver wrote. “It was Mr. Makuch, not the police, who identified Mr. Shirdon to the public, by publishing the articles that linked Abu Usamah to Farah Shirdon and the YouTube video.”

“The production order strikes a proportionate balance between the rights and interests at stake,” the court ruled. “The order is narrowly tailored, targeting only the journalist’s communications with the source, and those communications are not available from any other source.”

Vice media said the court’s decision “has failed to recognize the importance of a free, and independent press.”

“Today’s decision will no doubt have a chilling effect on both sources, who may be reluctant to talk to reporters, and on journalists themselves, who could be less inclined to report on sensitive issues,” Vice said in a statement. “We strongly believe that the journalism — which is already under attack across the globe — needs to be free from state intervention.”

Karyn Pugliese, with the Canadian Journalists for Free Expression, said the ruling is a “dark day” for Canada and reporters will now have to reevaluate when to offer sources anonymity.

“It’s not just about media rights, it’s about the public interest,” she said. “If people are afraid to come forward because they see us as agents of the police — that’s concerning — people won’t come forward.”

WATCH: Canadian terrorism researcher comments on death of Canadian foreign fighter

In its ruling, the Court avoided the Journalistic Sources Protection Act that the Trudeau government enacted in 2017, which aims to shield sources from police investigation.

“Going forward, this new regime will govern production orders relating to ‘journalists,’ even where no confidential source is involved, the facts in this case arose before the JSPA was brought into force,” the court said

Dvorkin said the JSPA is still “very murky” and has yet to be tested in court and it does not put journalists’ sources entirely beyond the reach of a court orders.

A spokesperson for Public Safety Canada said in an email that the ministry is reviewing the decision, which they said attempted to “strike a balance between” the priorities of security agencies and the rights of a free press.

“The intersection between the two is crucial to our democracy. That’s why a unanimous ruling of the Supreme Court of Canada is ‎so significant,” said Scott Bardsley in an email. “We all need to examine and understand the Court’s analysis.”

*With a file from Mike Armstrong

© 2018 Global News, a division of Corus Entertainment Inc.


Source link

قالب وردپرس

Air Canada employees feared reprisal for reporting safety concerns, Transport Canada found


Air Canada employees feared they would be punished by managers if they reported safety concerns, according to a never-before released report from a 2013 government inspection of the country’s largest airline.

The finding by Transport Canada raises questions about the strength of the airline’s internal system meant to flag risks before they become safety problems.

Transport Canada inspectors in 2013 found that some Air Canada employees feared they would face reprisal if they reported safety concerns to management. The airline said the inspection report “references isolated observations” and no employee has ever been disciplined for filing a safety report.
Transport Canada inspectors in 2013 found that some Air Canada employees feared they would face reprisal if they reported safety concerns to management. The airline said the inspection report “references isolated observations” and no employee has ever been disciplined for filing a safety report.  (Jeff Chiu / AP)

But the public is only learning about the five-year-old inspection results now because Air Canada had taken the federal government to court to try to block portions of the records from being released through Access to Information legislation. The airline said disclosure would be “misleading” and bad for business.

“Some employees felt uncomfortable about submitting a safety report because of the possibility of being interviewed, for the purpose of safety report investigation, by the same person who had the authority to take disciplinary measures,” inspectors found in a October 2013 audit of the airline’s internal safety management system, obtained by the Star.

In April, a federal court judge ruled that Air Canada failed to show how public disclosure could result in material financial harm to the airline. The records were finally released in late September.

Air Canada said in a statement that the inspection report “references isolated observations and is not representative.”

“No employee has ever been disciplined for filing a safety report at Air Canada,” spokesperson Peter Fitzpatrick said. “Air Canada actively encourages safety reporting by all employees.”

Last year, the airline’s staff filed nearly 26,000 internal safety management system reports, covering anything from a tripping hazard in a hangar to a plane taking a “go-around” because the conditions are not right for a landing, Fitzpatrick said. “(This is) evidence that our employees are highly engaged safety professionals,” he said.

Large airlines in Canada must have a safety management system (SMS) to internally monitor potential safety hazards. As part of its regulation of the aviation industry, Transport Canada increasingly relies on airlines’ self monitoring, which the regulator audits with periodic inspections.

However, a key component of SMS is that all employees — from maintenance workers to pilots — feel comfortable flagging potential problems, and Transport Canada’s findings at Air Canada raise concerns about whether the airline’s self-monitoring can be trusted, critics say.

Behind Air Canada’s never-before released inspection reports | Story Behind the Story

“(If) there is real potential it’s not working because people won’t report (problems), the wheels fall off a bit,” said Mark Laurence, national chair of the Canadian Federal Pilots Association.

Air Canada said its safety management system is effective.

“We safely operate nearly 1,600 flights daily, or more than one flight every minute of the day on average, and in 2017 we carried 48 million people, more than the entire population of Canada, who arrived safe at their destinations,” Air Canada’s Fitzpatrick said in a statement.

Air Canada went to federal court in March 2017 to block the disclosure of portions of two surveillance reports: an October 2013 assessment of Air Canada and a June 2014 inspection of its low-cost subsidiary, Air Canada Rouge.

Though the details of these government surveillance reports are not public, they are obtainable through Access to Information legislation. Transport Canada had initially planned to release the Air Canada reports in response to a 2016 Access to Information request seeking the latest inspection reports for several major Canadian airlines, but Air Canada appealed the decision to federal court.

Retired judge Virgil Moshansky, who presided over an inquiry into the 1989 plane crash in Dryden, Ont., said the new "explanatory note" attached to government inspection reports of airlines is "double speak" that appears more concerned with protecting the reputation of the companies than standing by the findings of its inspectors.
Retired judge Virgil Moshansky, who presided over an inquiry into the 1989 plane crash in Dryden, Ont., said the new « explanatory note » attached to government inspection reports of airlines is « double speak » that appears more concerned with protecting the reputation of the companies than standing by the findings of its inspectors.  (MIKE STURK)

During the original inspections, federal agents found both Air Canada and Rouge were non-compliant in areas of “safety oversight” and “training, awareness and competence.” (The non-compliance found in the reports relates to the airlines’ own safety monitoring systems, not the safety of the planes themselves.)

During the Air Canada Rouge assessment, Transport Canada saw two cabin safety instructors incorrectly demonstrating emergency procedures during a training session. “In both instances, the partner instructor did not recognize their partner’s error. The errors were pointed out by the students attending the class,” the surveillance report found.

Air Canada said in a statement that these findings were from more than four years ago, and the company acted immediately “to reconcile differences in interpretation and, most importantly, to address the issues raised” by Transport Canada.

Both airlines’ safety management systems were reinspected: Air Canada’s in 2015 and Rouge’s in 2016. Again, Transport Canada found neither was compliant in the areas of “safety oversight” or “quality assurance.”

Neither Air Canada nor Rouge has any outstanding safety compliance issues, the regulator said. Transport Canada says the country has one of the safest, most secure air transportation systems in the world.

The reports contain summaries of the problems flagged by inspectors, which range from “minor” administrative issues to “major” findings described by the government as system-wide failures that will take more time and effort to fix. The two findings described in this article — employees being fearful of reporting safety problems and instructors giving incorrect safety demonstrations — are classified as “moderate,” which Transport Canada says would likely be corrected with a “simple modification to a process.”

Air Canada said keeping inspections of airline’s internal safety systems confidential encourages employees to be more candid when reporting concerns. In court filings, an Air Canada managing director warned that the technical documents could be misconstrued without proper context, causing the airline’s reputation to be unfairly damaged. “It is highly prejudicial to an airline’s competitive position for its safety record to be questioned on the basis of information that is inaccurate or is otherwise misleading,” the director said.

To avoid potential misunderstanding, the judge suggested Transport Canada release the reports with an “explanatory note.” The note, published under Transport Canada letterhead, was the product of a back-and-forth between lawyers from the airline and government.

The final copy reads, in part, “A finding of non-compliance should not be understood to mean an airline does not comply with regulatory requirements. Rather, a finding of non-compliance may indicate that the airline could implement better practices and procedures that are viewed by inspectors as being a better means of implementing regulatory requirements.”

This language is concerning for Virgil Moshanky, a retired judge whose inquiry into a 1989 plane crash near Dryden, Ont., led to sweeping changes of Canada’s aviation safety system. The note, he said, suggests the regulator is more concerned with protecting the reputation of the airlines than standing by the findings of its inspectors.

“It’s double speak. It doesn’t make any sense,” he said.

Jesse McLean is a Toronto-based investigative reporter. Contact him at Follow him on Twitter: @jesse_mclean


Source link

قالب وردپرس