Haskell off the hook

Police not laying charges against blogger in Region recording incident

Niagara Regional Police aren’t laying charges against a local blogger accused by some regional councillors of secretly recording a closed-door meeting.

However, police spokeswoman Stephanie Sabourin said police are still keeping the digital recorder owned by Preston Haskell.

“The Niagara Regional Police Service is aware of, and co-operating fully, with the ombudsman’s office and its continuing investigation,” Sabourin said in an emailed statement. “The recording device remains in the possession of the NRPS pending a determination by the ombudsman.”

Sabourin said when the proper form is filed with the courts, called a report to justice, police can maintain possession of property “during our investigation, other proceedings and while determining lawful ownership.”

A spokeswoman from the office of the Ontario Ombudsman, which is investigating the Dec. 7 incident when Haskell’s recorder, along with the computer of Standard reporter Bill Sawchuk, was seized, said she could not discuss the investigation.

However, she said the methods used by the ombudsman will be disclosed in a report to be published after the investigation concludes.

Haskell’s recorder was turned over to police after it was confiscated by Niagara Region staff during a closed-door council meeting.

That was the same evening that regional staff unlawfully seized Sawchuk’s computer and notes.

Sawchuk and Haskell were at the media table in council chambers to cover the meeting. Regional Chair Alan Caslin moved the meeting into a closed session to discuss a code of conduct report.

All members of the public, including journalists and bloggers, must leave the council chambers when the meeting moves behind closed doors.

Haskell, who was making an audio recording of the meeting, said in a previous interview that before the session moved into the private session he left the room to use the washroom. He said his recorder was running and was in plain sight. When he returned, the meeting was in closed session and he could not go back into the chambers.

Fort Erie Coun. Sandy Annunziata has said he discovered Haskell’s recorder under a hat on the media table. Asked the next day by The Standard why he was searching the media table he said: “I guess elected office gives you a heightened awareness to the presence of political skulduggery.”

Annunziata has not replied to questions about that statement.

Haskell denies his recorder was under his hat, which can be seen on the Region’s livestream video of the meeting on the media table under his camera. The video shows that, for most of the meeting, the recorder was on the table in front of Haskell, away from the camera and hat to his right. When Caslin clears the room, the video shows Haskell is no longer at the media table, but a glass of water and Sawchuk’s laptop computer blocked the view of where the recorder was placed during the meeting. There is no other footage of the meeting.

After Haskell’s recorder was seized, Region staff also took Sawchuk’s laptop. Sawchuk, who was in the lobby waiting for the open session of council to resume, was approached by acting regional clerk Frank Fabiano who said “someone” had accused the reporter of recording the meeting. Sawchuk informed Fabiano he was not recording the meeting, but the computer was seized anyway. A short time later, Region general manager Chris Carter approached Sawchuk and, flanked by two NRP officers, told him to leave the building. If Sawchuk didn’t comply, Carter said the reporter would have to “deal” with the officers.

Sawchuk was not permitted to retrieve his notes, nor call his manager or lawyer. His computer and notes were returned four hours later after calls to the Region by a Standard reporter and its lawyer.

Haskell’s recorder was turned over to the NRP the next day.

Ontario’s ombudsman is investigating the incident and whether moving into closed session to discuss the code of conduct issue was a violation of the Municipal Act.

The ombudsman’s investigators are wrapping up their probe, and Ombudsman Paul Dube will write a report that can contain findings and recommendations.

Haskell did not return calls for an interview from The Standard Monday.