Toronto Star

Journalist faced with a tough choice

Anti-terror law challenge forces Star reporter to weigh role as advocate of free expression

- Kathy English Public Editor

When Canadian Journalist­s for Free Expression joined with the Canadian Civil Liberties Associatio­n this week in launching a court challenge against Canada’s anti-terrorism act — the recently passed Bill C-51 — the Star and its national security reporter faced a dilemma.

Michelle Shephard, a multiple National Newspaper Award-winning reporter who has covered national security and terrorism issues for the Star since 9/11, has been a member of the board of CJFE, the advocacy organizati­on that “boldly champions” free expression issues in Canada and abroad. Given that the anti-terrorism legislatio­n is a contentiou­s political issue and will likely remain so through the fall federal election, that affiliatio­n raised questions about whether the Star has some responsibi­lity to disclose Shephard’s CJFE role to readers in its reporting on the constituti­onal challenge the organizati­on launched with CCLA.

The general city news reporter who first reported on the court challenge was unaware of Shephard’s CJFE role so such informatio­n was not included in the Star’s Tuesday report of the legal challenge to what CJFE executive director Tom Henheffer called “the most dangerous legislatio­n we’ve had in recent Canadian history.” But after considerab­le discussion later, the Star decided the best way forward was to disclose Shephard’s CJFE board role in any reporting of the court challenge. A note was appended to the digital version of the report. It states:

“Michelle Shephard, the Star’s national security reporter, is a member of the board of Canadian Journalist­s for Free Expression. She recused herself from all board discussion and debate related to the CJFE decision regarding this court challenge and will not be reporting on this court challenge for the Star.”

That is full disclosure of pertinent facts, in line with the Star’s journalist­ic standards of transparen­cy. But, did it go far enough? As the national security reporter covering terrorism issues, is serving on the board of an organizati­on that is challengin­g this nation’s controvers­ial anti- terrorism law a conflict of interest for Shephard and the Star?

Certainly this reporter’s commitment not to report on the court challenge and the fact that she had nothing to do with the CJFE’s decision to co-initiate this overt political action, would seem to mitigate any serious conflict of interest concerns. As well, Shephard is soon taking a year-long leave from the Star, having recently won the prestigiou­s Atkinson Fellowship in Public Policy. So she won’t be covering the election or writing about terrorism issues for the Star.

But, that doesn’t clarify the issue totally for Shephard. During her fellowship studies, she will explore the effectiven­ess of public policy as it relates to national security. At this point, she doesn’t know the scope of that work, but given that the CJFE/CCLA legal challenge goes beyond free speech matters to encompass several critical issues related to terrorism and national security, she understand­s there is potential for the perception of a conflict for her.

After giving this much thought, Shephard made the hard decision to step away from her CJFE board role. This was also, in many ways, a heartbreak­ing decision, as Shephard — like most journalist­s — believes passionate­ly in CJFE’s core mission of free expression advocacy.

“I’m resigning to avoid any perception of a conflict,” Shephard said Thursday. “While I had hoped recusing myself from the discussion and vote would be enough, given my fellowship focusing on the threat of the Islamic State, it is likely I will be dissecting Canada’s new terrorism laws as part of my research.

“Having said that, like most journalist­s I remain concerned about parts of the law that could impact our work, especially the possibilit­y that journalist­s can now be prosecuted for interviewi­ng anyone designated a terrorist, which is something I’ve done in the past, and plan to continue to do in the future,” she said.

Certainly journalist­s believe in free expression and, like Shephard, many of us have grave concerns about the serious threats to free expression posed by the Conservati­ve government’s anti-terrorism law, called “draconian” in a recent Star editorial expressing support for the court challenge.

Freedom to speak freely is the bedrock of democracy and the basis for journalism’s place in a democracy. In Canada, journalist­s can be loud and proud about this right and should indeed fight against threats to free expression. That’s why media organizati­ons, including the Star, go to court to fight for access to informatio­n, and why so many journalist­s support CJFE through membership­s and its annual free expression gala. (Full disclosure: I was a paid member of CJFE and I will continue to support this important organizati­on.)

Had the court challenge been narrowly limited to free expression issues I don’t think there would be any serious concerns here for Shephard. Indeed, Rob Cribb, a Toronto Star investigat­ive reporter who speaks publicly about issues of source protection, has been asked to submit an “expert witness” affidavit to the court challenge detailing the considerab­le risks to journalist­ic freedom and source protection under the new anti-terror law. His editors have given him the go-ahead to do this.

As the national security reporter heading off to investigat­e public policy and terrorism, Shephard is in a different position. Given the wider scope of the CJFE/CCLA constituti­onal challenge to the antiterror­ism legislatio­n, which includes the issue of expanded powers the bill gives national security organizati­ons and the reality that this is a political issue, I think she made the right call to step away from her CJFE board role to avoid any conflict or perception of a conflict.

Star reporters have long understood that the right to report freely on public issues brings with it some restrictio­ns on our own public activities and the public expression of our personal opinions. That’s a core element of journalist­ic standards regarding conflicts.

The Star’s policy makes clear that to be seen by readers as fair and impartial, reporters should not become actively involved in public controvers­ies they write about. As the Star’s newsroom policy and journalist­ic standards manual has long stated: “It is a journalist­ic obligation to ensure that our reputation­s as fair-minded fact-finders are not compromise­d by any open display of political or partisan views on public issues nor tainted by personal involvemen­t or personal axe-grinding on issues the Star covers.”

Shephard made a tough call. But, on balance, her proactive strongly ethical stance was the right one.

 ??  ?? In resigning from the Canadian Journalist­s for Free Expression board over a potential conflict of interest, Toronto Star national security reporter Michelle Shephard made a tough but good call, writes Kathy English.
In resigning from the Canadian Journalist­s for Free Expression board over a potential conflict of interest, Toronto Star national security reporter Michelle Shephard made a tough but good call, writes Kathy English.
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