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Winnipeg Free Press - PRINT EDITION

Global blasted for leaking names

Judge stops short of banishing network

By: Mike McIntyre

Posted: 06/5/2009 1:00 AM

IT'S a story that has captured the public's imagination and made headlines around the world.

And yet media outlets covering the ongoing custody battle between Child and Family Services and two alleged white supremacists have been forced to strike a delicate balance -- feeding the interests of their audience and protecting the privacy rights of two young children.

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The issue was front and centre Thursday when a Winnipeg television station had to explain its news coverage to a judge, facing potential sanctions.

Child and Family Services tried to have Global reporters permanently banned from covering the rest of the case after they broadcast sensitive information that shouldn't have been made public. Agency lawyer Izzy Frost told court they had lost faith that Global "could adhere to the directions of the court and the letter of the law" after the names of the two parents involved in the case were displayed in a nationally-televised report last Friday. Court documents showing the names were also placed on Global's website for four days until being removed earlier this week.

"There is a very real possibility the children will suffer further and unnecessary harm," said Frost.

Bill Haight, a lawyer representing Global, offered a "full and complete apology" to the court for what he called an "inadvertent error" and an "innocent mistake." He said the network has taken steps to ensure their stories are better screened and edited before making it to air. Haight noted a company representative flew in from British Columbia to attend court Thursday morning to show they are taking the matter seriously.

"It is unfortunate, it is embarrassing for Global," said Haight.

Queen's Bench Justice Marianne Rivoalen decided not to banish Global from court, despite finding they committed a "blatant breach" of the law.

"I'm very disappointed, to say the least. It's such a blatant disclosure of the names of the parties. Clearly it's a huge error," said Rivoalen. She warned Global that no further mistakes would be tolerated and noted they still could face still legal sanctions.

CFS told court they may ask the Manitoba prosecution branch to consider charging Global for breaching provisions of the Child and Family Services Act, which carries a maximum penalty of $50,000. A lawyer representing the man trying to regain custody of his son and stepdaughter said she will also be pushing for charges and questioned why Global wasn't apologizing to her client for illegally making his name public.

All media outlets covering the case were warned at the beginning of the trial to be careful with their coverage. Rivoalen noted CFS had filed a motion to have them excluded from the case, but she ruled against it. However, the judge left the door open to revisit the issue if evidence of "manifest harm" against the children arises. She also banned any members of the public from sitting in court.

The foster mother of the two children assured court Thursday they were both being kept far away from newspaper and television coverage of the case.

"The moment the children become aware of this we may have to put a stop to the media process," said Rivoalen.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition June 5, 2009 A5

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