National Post

NDP MP calls for CBC to review source protection in Norman case

Reporter hired by feds after critical story

- Brian Platt

OTTAWA • NDP MP Charlie Angus is asking CBC’s ombudsman to review its policy for protecting confidenti­al sources, given the situation around the government’s hire of the journalist at the centre of the criminal case against Vice Admiral Mark Norman.

“I urge you to examine this case and consider policy options to firm up confidence in the Corporatio­n and ensure that protection­s for sources are maintained even after a journalist leaves their post,” said Angus’s letter, dated Oct. 26.

CBC reporter James Cudmore wrote stories in the fall of 2015 that contained leaked cabinet confidence­s, including a crucial story on Nov. 20, 2015, revealing that a cabinet committee had decided to delay a naval project with Quebec-based Davie Shipbuildi­ng.

The story had massive consequenc­es: The government backed off the delay after it was publicized, but also ordered a leak investigat­ion that eventually resulted in a criminal charge of breach of trust against Norman, then the second-highest officer in the military. Norman denies being the source of the leak and his lawyers have named a government employee they believe was the source.

On Jan. 12, 2016, weeks after the story was published, Cudmore joined Defence Minister Harjit Sajjan’s office as a policy adviser. He has since moved to the office of Democratic Institutio­ns Minister Karina Gould.

Angus’s letter argues Cudmore’s hiring could be a “chilling example” for future whistleblo­wers.

“The CBC quite rightly has fought hard to protect the independen­ce of reporting from government pressure to reveal anonymous sources in the case of politicall­y troubling investigat­ions,” said the letter. “If a journalist is hired by the department that he is investigat­ing, however, these protection­s evaporate. Without having clear rules on the part of CBC, we could see a disturbing government end run around the long-fought-for inviolabil­ity of anonymous sources.”

Jennifer McGuire, editorin-chief of CBC News, said Monday morning that she had not yet seen the letter.

“I will say though that confidenti­ality is something that CBC News grants under its JSP (journalist­ic standards and practices),” she said in an email. “It is not up to the individual journalist. The protection of the source is a right and assurance given to the source from CBC News and we will continue to protect the identify of a confidenti­al source even after a journalist leaves the organizati­on.”

CBC ombudsman Esther Enkin also said she hadn’t seen Angus’s letter, so she could not provide a response.

Cudmore did not respond to an email seeking comment.

In an interview, Angus said he isn’t trying to question Cudmore’s integrity as a journalist or his right to take new work, but is instead focusing on the risk to the confidenti­al sources.

“How do we make sure that government (officials), who get really angry when they don’t like stories, don’t get to find out who the whistleblo­wer was?” he said.

“I’m not saying that Cudmore handed over informatio­n, but everything around this deal and the hiring of Cudmore raises questions ... I want to know that the clear wall between pissed off government officials and pesky journalist­s is maintained.”

He said he isn’t sure how exactly extra protection­s could be designed or implemente­d, but wanted to have somebody look into it and the CBC ombudsman seemed to be the right vehicle.

Conservati­ve MPs have also been focusing on Cudmore’s hiring during the Commons question period, though ministers have insisted they can’t comment on any aspect of the Norman case.

“On what date was the former CBC reporter offered a job as the director of policy in the office of the minister of national defence?” said Conservati­ve MP Candice Bergen last week in a typical exchange.

“The honourable member once again is pursuing a line of questionin­g that relates very directly to a matter that is outstandin­g before the courts,” said Public Safety Minister Ralph Goodale.

“It is not only inappropri­ate for ministers to respond, but it is inappropri­ate for the question to be placed that could impinge upon an outstandin­g court proceeding.”

Norman’s case is scheduled to be back in court Friday for procedural issues. The first pre-trial hearing, set to start Dec. 12, will focus on whether the government is disclosing enough documents to the defence for Norman to fully defend himself.

The trial is scheduled to start Aug. 19, 2019, and run for seven to eight weeks, meaning it may coincide with the next federal election campaign.

I URGE YOU TO EXAMINE THIS CASE AND CONSIDER POLICY OPTIONS.

 ?? JUSTIN TANG / THE CANADIAN PRESS FILES ?? Vice-Admiral Mark Norman denies being the source of the leak behind CBC stories in 2015 on the delay of a major naval project.
JUSTIN TANG / THE CANADIAN PRESS FILES Vice-Admiral Mark Norman denies being the source of the leak behind CBC stories in 2015 on the delay of a major naval project.
 ??  ?? Charlie Angus
Charlie Angus

Newspapers in English

Newspapers from Canada