The Telegram (St. John's)

‘Assault’ on media

Charges against N.L. journalist could set dangerous precedent, expert says

- BY LOUIS POWER THE TELEGRAM lpower@thetelegra­m.com Twitter: @Telylouis

Press freedom advocates around the globe are watching closely as charges against Justin Brake, stemming from his coverage of protests at Muskrat Falls in October, move through the provincial court system.

Press freedom advocates around the globe are watching closely as charges against Justin Brake, stemming from his coverage of protests at Muskrat Falls in October, move through the provincial court system. Groups are sounding the alarm over the case, with Canadian Journalist­s for Free Expression calling the charges “a serious threat to press freedom” and “an outrageous assault on the public’s right to know.”

Brake, a reporter and editor with The Independen­t, followed a group who call themselves Labrador Land Protectors inside the site of Nalcor’s hydroelect­ric developmen­t in order to cover their activities while they occupied a workers’ camp.

When Nalcor Energy sought a court order to have the protesters removed from the site, Brake’s name was on the list. He left to avoid being arrested.

Along with a civil contempt charge stemming from that court order, Brake wound up facing two criminal charges — mischief over $5,000 and unlawfully disobeying an order of the court.

The RCMP laid those charges at the same time it charged 27 protesters following an investigat­ion of the occupation.

It could earn Brake up to 10 years in jail, though it’s also possible he won’t face any imprisonme­nt.

“The potential punishment, in one sense, is beside the point, because we’re talking about the question of press freedom and journalist­s being able to do their job unhindered by the law,” he told The Telegram this week.

“This seems to be an unpreceden­ted case where the RCMP have intentiona­lly pressed charges against me despite knowing that I was a journalist, and in spite of all the evidence that I was working as a journalist and didn’t do any damage or any harm to any property or any people or anything like that. My presence was solely as a journalist, and they’ve still decided to proceed in pressing charges.”

Lisa Taylor, a former CBC journalist and lawyer who teaches journalism at Ryerson, is among many advocates who say what happens in Brake’s case could set a dangerous precedent in Canada. She said the title of a new book she coedited, “The Unfulfille­d Promise of Press Freedom in Canada,” applies well to the situation.

“Journalist­s need to go where the story is, and if we believe, as the Crown and police and property owners are alleging here, that protesters entered the space illegally, it’s in the state’s interest just as much as it’s in the protesters’ interest that there is a journalist there to document what happens after an illegal act like this,” Taylor said.

“And that goes both ways. We need a journalist on the ground in case protesters are being deliberate­ly destructiv­e and are going beyond what we think of as reasonable democratic protest, and we also need a journalist on the ground if either the state or the owners of the property decide to push back with too much force against protesters.”

The presence of a journalist is also important for the public, she said, as it helps them have a fully formed opinion about the situation.

She said she was not surprised by the initial charge, but is taken aback by how far they’ve been taken.

“Often with authoritie­s we see the charge first, consider later, because charging sends a pretty strong message. Where I’m really thrown by this is the idea that they’re proceeding with the charges,” she said.

“The other message for journalist­s is that we have to protest, and we have to speak up because we’re not speaking up just for Justin Brake, we’re speaking up for our charterent­renched role of providing informatio­n to the public.

“So whether it’s a Vice reporter being coerced into handing over confidenti­al informatio­n, or whether it’s Justin Brake following a protest where the story takes him, a charge or conviction against Justin Brake, as far as I’m concerned, is a charge and conviction against all of us, because it will change the way we do business.”

Groups speak out

Numerous organizati­ons across Canada and internatio­nally have spoken out about the charges in recent weeks, including Canadian Journalist­s for Free Expression, which launched a petition called Journalism Is Not a Crime (http:// www.cjfe.org/journalism_ not_a_crime).

“This is an outrageous assault on the public’s right to know, and could cause a chill in reporting on controvers­ies over resource developmen­t projects and Indigenous-led protests. It is essential that journalist­s be able to safely and freely cover events in the public interest, such as the occupation of Muskrat Falls, without fear of legal reprisals,” the organizati­on says.

Likewise, Reporters Without Borders (RSF) released a statement expressing alarm.

“RSF strongly condemns the charges brought against a journalist who was merely doing his job covering an environmen­tal protest of interest to the Canadian people,” Margaux Ewen, advocacy and communicat­ions director for RSF North America, is quoted as saying on the group’s website.

“It seems these legal proceeding­s are being used to intimidate journalist­s and prevent them from covering such events, which is the latest incident in a series of egregious press freedom violations in Canada.”

Carlos Lauría of the Committee to Protect Journalist­s has also released a statement: “Journalist­s have a duty to document events of public interest, including actions of civil disobedien­ce and the response of law enforcemen­t. Reporters who are doing their job do not have criminal intent and should not face charges. The charges against Justin Brake send a chilling message to Canadian journalist­s and should be dropped immediatel­y.”

Other groups such as The Fahmy Foundation and The Reporters Committee for Freedom of the Press have spoken out against the charges. Brake is also getting support from the public; a crowd-funding page is helping with the legal fees, and a rally for press freedom will take place in downtown St. John’s Saturday at 1 p.m.

Brake’s next court date is in Happy Valley-goose Bay on April 11.

“Often with authoritie­s we see the charge first, consider later, because charging sends a pretty strong message. Where I’m really thrown by this is the idea that they’re proceeding with the charges.” Lisa Taylor, co-editor of “The Unfulfille­d Promise of Press Freedom in Canada”

“It seems these legal proceeding­s are being used to intimidate journalist­s and prevent them from covering such events, which is the latest incident in a series of egregious press freedom violations in Canada.” Margaux Ewen, advocacy and communicat­ions director for Reporters Without Borders North America

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