Region hires lawyer for ombudsman probe
Niagara Region has hired a Bay Street legal firm to represent the municipality now that its inhouse lawyer is part of the ongoing Ontario Ombudsman investigation into the unlawful seizure of a Standard reporter’s computer and notes last month.
With a new round of interviews of regional staff and councillors getting underway by a team of ombudsman investigators, the Region hired lawyer Jennifer Teskey of Norton Rose Fulbright Canada to represent it.
In an email, the Region told councillors and staff that Teskey was hired because council’s lawyer is among those being interviewed by the ombudsman’s office. The email says any materials related to the investigation including emails and social media posts, should be sent to Teskey.
Teskey, who in a 2014 YouTube video posted by Norton Rose Fulbright says she is a commercial law specialist, declined to comment Wednesday.
Regional Chair Alan Caslin said Wednesday that the firm has been hired to facilitate co- operation with the ombudsman, but said he could not comment further while the investigation is ongoing.
The investigation was launched Dec. 14 by Ontario Ombudsman Paul Dube, who said he has received “several complaints” about the Dec. 7 incident, which involved regional staff seizing the computer and notes of journalist Bill Sawchuk. Sawchuk was ejected from regional headquarters without explanation.
The Region also confiscated 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 a December news release.
Dube is also investigating whether the closed- door meeting where Sawchuk’s equipment was seized violated the Municipal Act.
Sawchuk was covering the Dec. 7 regional council meeting when councillors voted to move the meeting behind closed doors to discuss code of conduct issues pertaining to St. Catharines Coun. Andy Petrowski. Caslin ordered the audience in the gallery to leave council chambers for the in- camera session. Reporters must also 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 in- camera 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 did not reply to multiple to several interview requests from The Standard last month to ask him why he searched Haskell’s belongings.
Shortly after the incident, Caslin told The Standard the Region had no legal authority to seize anyone’s equipment.
The Region nevertheless had turned Haskell’s device over to Niagara Regional Police.
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 the Region’s 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.
Police have said they were called to regional headquarters to remove an “unwanted individual,” later identified as Haskell, who had already left the building by the time police arrived. Police said the officers were then advised of second unwanted man — identified as Sawchuk — in the building.
The NRP said the officers told officials to ask Sawchuk to leave if that is what they wanted. The NRP also said its officers did not interact with the reporter.
Linda Williamson, spokeswoman for the ombudsman’s office, said Wednesday there is currently no timeline for the conclusion of its investigation or the publication of the ombudsman’s report.
Both Region CAO Carmen D’Angelo and Caslin have called Sawchuk to apologize for the incident. Sawchuk accepted the apologies as personal statements of remorse, but not as apologies from council or regional staff, saying he wanted to see what changes the Region implements.