Key questions in Standard incident go unanswered
A week after Niagara Region seized a journalist’s computer and notes, circumstances that sparked the unlawful action remain unclear.
Key players in the regional council drama — including Fort Erie Coun. Sandy Annunziata, who claims to have discovered a blogger was secretly recording the meeting, and Region general manager Chris Carter who ejected Standard reporter Bill Sawchuk from the building — have not responded to repeated requests for an interview.
Regional councillors nor regional staff have powers of search or seizure. Annunziata has not answered questions about why he searched the belongings of blogger Preston Haskell after council moved into a closeddoor session on Thursday, Dec. 7.
According to the accounts of councillors interviewed by the Standard, the incident that would draw condemnation from media rights groups and the general public began when Annunziata declared he discovered a hidden recording device during a closed-door portion of the council meeting.
Councillors voted to go in-camera to discuss a code-of-conduct report about St. Catharines Coun. Andy Petrowski. When council goes behind closed-doors the public, including members of the press seated at the media table, must leave the council chambers. Sawchuk, a veteran political reporter, left the room leaving his laptop computer and notes on the media table. Haskell, who was seated next to Sawchuk, had left the chamber before council voted to move incamera. He left his hat, scarf, camera and digital recorder on the table.
According to several councillors, after the room was cleared, Annunziata walked over to the media table.
“He said, ‘You can’t trust these guys. Look, they are recording the meeting,’” said Welland Coun. Paul Grenier, whose council seat is near the media table. “He was holding up a hat to reveal the recorder.”
Grenier, who said he believes the recorder was under the hat, was not looking at the media table until Annunziata drew his attention to it.
“The red light (indicating the device was recording) was clearly on. At that point, I called to the CAO to tell him to stop the meeting because it was being recorded.”
Port Colborne Coun. David Barrick told Port Colborne city council Tuesday night that he saw Annunziata lift the hat and saw the recorder underneath. Barrick did not reply to a request for an interview Wednesday.
Haskell denies his recorder was under his hat. He said he went to the bathroom before council went incamera and the recorder was left running in plain view. When he returned, council was behind closed doors and the drama had already begun.
Haskell says he did not intend to record the closed session and apologized on his blog.
The Region’s livestream video shows Haskell’s silver Sony recorder was resting on a leather pouch in front of him on the table. His camera was resting on his black cap to his right, which was on top of his black scarf.
The hat, scarf and recorder were not moved during the first hour and a half of the meeting. Haskell gets up at one point to take photos. When he returned to his seat, he places the camera back on his cap.
One hour and 32 minutes into the meeting, councillors debate the merits of going into closed session. The media table is not visible as the video focuses on the politicians.
Three minutes later, Regional Chair Alan Caslin clears the room. The video shows the media table and Haskell is already gone.
His camera can be seen on top of his hat and scarf. 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. Region spokesman Darrell Neufeld said the only footage recorded of council meetings is the footage broadcast for the public. At that point, the livestream stops broadcasting.
Grenier said he saw Annunziata lift the hat, but does not recall if anyone removed the camera that was on top of it.
The Region confiscated Haskell’s recorder and turned it over to the police. The device is now subject of a Niagara Regional Police investigation.
About 10 minutes after Haskell’s recorder was found, Sawchuk says regional clerk Frank Fabiano emerged from the council chamber with his computer. Sawchuk was told his laptop was being seized because “someone” had accused him of secretly recording the in-camera meeting.
Sawchuk was not recording the meeting.
Two police officers arrived and went into council chambers, Sawchuk says. They returned after a few minutes with Carter. Carter told Sawchuk to leave or he would have to “deal” with the officers.
The reporter’s notes and computer were locked in Fabiano’s office. He told The Standard they were going to be held overnight. After a call from The Standard’s lawyer, Sawchuk’s materials were returned at midnight Thursday.
The Ontario Ombudsman is investigating the incident following a complaint filed by Welland MPP Cindy Forster.