Ombudsman launches probe
Ontario’s government watchdog agency is formally investigating the Regional Municipality of Niagara’s unlawful seizure of a Standard reporter’s computer and notes last week.
In a news release issued late Thursday afternoon, Ontario Ombudsman Paul Dube said he has received “several complaints” about the incident, which also saw regional staff eject Standard reporter Bill Sawchuk from the building and confiscate a digital recorder belonging to local blogger Preston Haskell.
“The matter has raised serious concerns about the actions and processes of the municipality, and has understandably drawn high public interest,” Dube said in the release.
Along with investigating the confiscation of the reporter’s equipment, Dube said he will examine whether the closed-door meeting during which the computer was seized is a violation of the Municipal Act.
“The investigation will be completed as quickly as possible,” the release says. “Under the Ombudsman Act, (Dube) may find the actions of a public sector body to be (among other things) contrary to law, unreasonable, unjust, oppressive, improperly discriminatory or wrong — and make recommendations for improvement.”
Sawchuk was covering the Dec. 7 regional council meeting when councillors decided to move the meeting behind closed doors to discuss code of conduct issues pertaining to St. Catharines Coun. Andy Petrowski.
Regional Chair Alan Caslin ordered the audience in the gallery to leave council chambers for the in-camera session. Reporters also have to leave during in-camera portions of the meeting, and Sawchuk left his notes and computer on the media table. Haskell left his hat and scarf under his camera, and also left his digital recorder running on the table.
Haskell said he left the room before the meeting was moved incamera and he didn’t intend to record the closed-door session. Fort Erie Coun. Sandy Annunziata claims he found the recorder under Haskell’s hat after the room was cleared. Haskell said the recorder was in plain view and never under his cap.
Annunziata has not replied to several interview requests from The Standard this week to ask him why he searched Haskell’s belongings.
In an interview with the Standard Monday, Caslin said the Region has no legal authority to search or seize anyone’s equipment.
The Region nevertheless turned Haskell’s device over to the Niagara Regional Police, which is now investigating the recording.
Sawchuk was in the lobby of regional headquarters waiting for the open session to resume when he was approached by regional clerk Frank Fabiano, who said the reporter’s computer was being confiscated because “someone” had accused him of secretly recording the meeting.
Sawchuk was not recording the meeting and informed Fabiano he could not take his computer. The device was seized anyway.
Shortly afterwards regional general manager Chris Carter, accompanied by two Niagara Regional Police officers, told Sawchuk he had to leave the building. Sawchuk was not allowed to retrieve his notes, call his manager or his lawyer. Carter told him if he didn’t leave immediately he would have to “deal” with the officers.
The Region faced widespread condemnation over the incident.
The Standard’s editor-in-chief said the incident was a “contemptible” action by the Region which had no authority to take a reporter’s computer and notes. Canadian Journalists for Free Expression, called it “an absolutely atrocious violation of press freedom.”
After the incident, Welland MPP Cindy Forster filed a complaint with the Ombudsman’s office.
Earlier this week the Ombudsman began preliminary fact-finding which escalated to a formal investigation Thursday.
“The investigation will be conducted by the Special Ombudsman Response Team, which has handled scores of large-scale investigations into issues affecting millions of Ontarians,” the news release says. “The team will begin its work — including interviewing the relevant parties and reviewing documentation — immediately.”
The Ombudsman said anyone with information about the incident is invited to contact his office by using the confidential complaint form at www.ombudsman.on.ca, or by calling 1-800-263-1830.
The Ombudsman’s recommendations are not binding but “they are almost always accepted and implemented, and have resulted in broad government reforms,” the release said.
Regional Chair Alan Caslin said he spoke to Dubé Thursday morning to discuss the pending investigation, and was looking forward to working with investigators.
“He said this is in no way a name, blame and shame game. This is a process to understand what took place and if there are any gaps in the process that he can help me fix,” Caslin said.“I was very encouraged to know that he’s there to help us, and looking forward to working with him trying to improve our processes moving forward.”