Free Press and CJOB rapped for breach

Hey there, time traveller!
This article was published 26/06/2009 (5969 days ago), so information in it may no longer be current.

THE Winnipeg Free Press and CJOB came under judicial fire for publishing the name of a witness at a high-profile child custody hearing earlier this week.

Queen’s Bench Justice Marianne Rivoalen ordered both media outlets on Thursday to write formal letters of apology to the parties involved in the case. She has also prohibited Free Press justice reporter Mike McIntyre from covering the remainder of the case.

Both outlets revealed the name of the psychologist who conducted a parental assessment and spent two days on the witness stand detailing his findings. Although his name doesn’t directly or indirectly identify the children or parents involved in the case, the CFS Act prohibits the publication of the names of any parties or witnesses in a case.

Rivoalen refused a CFS request to have the Free Press banned from the remainder of the hearing, saying another reporter could attend in McIntyre’s place. No such sanctions were placed on CJOB.

The trial began last month with CFS attempting to get a permanent order of custody for two children seized in March 2008 from their alleged whitesupremacist parents.

Three weeks ago, Rivoalen found Global TV committed a “blatant breach” of the act when they broadcast the names of the parents involved in the custody fight. Global also posted court documents on its website for four days that contained the sensitive information.

A CFS lawyer tried to have the television station banned from the hearing. A lawyer and executives from Global apologized, saying it was an editing error and that steps had been taken to ensure it doesn’t happen again. Rivoalen refused the removal request, but put all media outlets on notice that any further breaches would be treated seriously by the courts.

Nicole Watson, a lawyer representing the Free Press, said Thursday the naming of the doctor was an error by the newspaper based on a misunderstanding of the act. She argued there is no evidence of any harm caused to any of the parties involved in the case. Once the error was discovered, the Free Press immediately removed the doctor’s name from its online archives and there were no further references to it, she said.

Watson noted the CFS Act is intended to protect children, parents and witnesses who might otherwise be afraid to come forward and testify if their name were made public. In the case of the doctor, Watson argued he is a “professional” witness who has no connection to the family and has testified numerous times in court.

Watson said removing the Free Press from the case would be unfair, considering Global is still allowed to cover the case. CJOB did not send a lawyer to court and made no submissions.

Rivoalen said she was concerned that no management representatives from the Free Press were at Thursday’s hearing to speak to the court about the mistake. Watson explained that neither she nor the newspaper had been given notice from CFS that they were seeking an expulsion order, and therefore did not know they would need to appear.

CFS lawyer Issie Frost told the judge she needs to “take control of the courtroom” by sending a strong message to all media by singling out the latest guilty parties.