MEDIA T H E C A N A D I A N A S S O C I AT I O N O F J O U R N A L I S T S • S U M M E R 2 0 1 0 • V O L U M E 1 4 , N U M B E R T H R E E BUSTY HOOKERS,POLITICAL MISFORTUNES AND UNREGISTERED LOBBYING How former cabinet minister and Conservative M.P. Helena Guergis and her husband became fodder for sensational allegations that still have Parliament Hill reeling by Russ Martin Student Journalist Hong Kong Fellowship MEDIA Exploring Asia’s world city Hong Kong, Asia’s world city, is a Special Administrative Region of the People’s Republic of China, run by Hong Kong people under the “One Country, Two Systems” principle. Hong Kong is one of the most open, externally oriented economies in the world. The city has been rated the world’s freest economy by the Heritage Foundation and Fraser Institute. What makes Hong Kong tick as a great world city? …. Its unrivalled location; its liberal investment regime; its low tax regime; its transparent common law legal system and rule of law; its world- class infrastructure; its free flow of information; its entrepreneurial spirit; and a truly international lifestyle. Student journalists, who are interested in gaining first-hand knowledge about Hong Kong, are invited to apply for the “Student Journalist Hong Kong Fellowship” jointly organized by the Canadian Association of Journalists (CAJ), and the Hong Kong Economic and Trade Office in Canada. Two student journalists will be selected by CAJ each year. Each will be awarded a package including a five-day visit program with an economy class air ticket and hotel accommodation. In Hong Kong, the winners will have the opportunity to visit various points of interest, and meet with people of diverse views and backgrounds. The selected student journalists must publish or broadcast at least three stories about Hong Kong within six months upon completion of the trip in the local media or in their university/school publications. They will enjoy complete editorial freedom. The award is open to any journalism student who is currently in a recognized university or college -level journalism program. Applicants must be a paid-infull member in good standing of the CAJ. Non-members may take up membership upon making an application. For application procedures, please visit the www.caj.ca. CAJ website at www.caj.ca. Selection of the successful candidates will be made and announced around midAugust 2010. The visit program must be completed before the end of March 2011. Application must reach: The Canadian Association of Journalists 1106 Wellington Street, P.O. Box 36030 Ottawa, ON. K1Y 4V3 30, 2010 by Thursday, July 15, For enquiries, please contact: John Dickins, Executive Director, CAJ at email: dickensjohn@rogers.com or Stephen Siu, Assistant Director (Public Relations) Hong Kong Economic & Trade Office, at (416)924-5544 or email: stephen_siu@hketotoronto.gov.hk SUMMER 2010 • VOLUME 14, NUMBER THREE www.caj.ca/mediamag COLUMNS 5 FIRST WORD by David McKie • Where are we going? 6 WRITER’S TOOLBOX By Don Gibb • Make a plan before you write. Our writing coach completes his tip sheet with this simple message: Tell stories. Tell them well. 9 JOURNALISMNET By Julian Sher . Digging for buried treasure. There are ways to navigate the invisible web. FEATURES 10 MEDIA CIRCUS By Russ Martin • Busty hookers, political misfourtunes and unregisted lobbying: The story about how former cabinet minister and Conservative M.P. Helena Guergis and her husband, former Conservative MP Rahim Jaffer, became fodder for sensational allegations that still have Parliament Hill reeling. 13 WHERE DID THE 25-MILLION DOLLARS GO? • That question haunted CBC Investigative journalist, Harvey Cashore, for the 15 years he investigated the Airbus scandal and money that was paid to former prime minister Brian Mulroney. In an interview with Media magazine, Cashore opens up about the price he paid to pursue the story and why he decided to chronicle the odyssey in his new book The Truth Shows Up. 16 A CULTURE OF IGNORANCE By Tiffany Narducci • Has censorship taken hold of the Canadian military’s official newspaper, the Maple Leaf? 18 HOW I GOT THE STORY By Charles Rusnell • CBC investigative journalist Charles Rusnell explains how he broke what is believed to be the biggest mortgage fraud in Canadian history. 20 SO LONG CANWEST • What does the future hold for the former newspaper chain? Journalism professor Christopher Waddell ponders the question in a discussion with Media magazine. 22 THIS HOUSE IS NOT A HOME • Stuart Thomson and Laura Osman explain how they used building inspections data for the city of Ottawa to tell the story of a negligent landlord and the tenants it deprived of decent living conditions. COLUMNS 26 FINE PRINT By Dean Jobb • A message to bloggers. The Supreme Court of Canada says you better work hard to get it right. 28 LEGAL UPDATE By Dean Jobb • Was the high court’s ruling in the Andrew McIntosh case a bad day for journalism? Not really. 30 COMPUTER-ASSISTED REPORTING By Fred Vallance-Jones • Disappearing data. Some federal government departments are making it more difficult to obtain. 33 INSIDE THE NUMBERS By Kelly Toughill • Passing the smell test. If a number seems too good to be true, it probably isn’t. 34 RESEARCH ON THE NET By Lucas Timmons • Strategies for tracking people online. Using Google can be better than hiring a private eye. And cheaper, too! 36 ETHICS By Stephen J.A. Ward • Fumbling toward open ethics. Central to the distinction between closed and open ethics is who has the power to control and shape the discourse. 38 FEEDS AND LEDES By Mary Gazee • And speaking of Google, it has become the mother of all search engines. But there are alternatives. 40 THE FUTURE OF NEWS By Simon Doyle • Curators. These “super copy editors” possess some of the new skills that will be useful in an ever-changing world of information-gathering. Where are we heading? FIRST WORD T MEDIA SUMMER 2010 • VOLUME 14, NUMBER THREE A PUBLICATION OF THE CANADIAN ASSOCIATION OF JOURNALISTS EDITOR David McKie EDIOTORIAL BOARD Chris Cobb Catherine Ford Michelle MacAfee Lindsay Crysler John Gushue Rob Cribb Rob Washburn LEGAL ADVISOR Peter Jacobsen, Bersenas Jacobsen Chouest Thomson Blackburn LL P ADVERTISING SALES John Dickins ADMINISTRATIVE DIRECTOR John Dickins (613) 526 - 8061 Fa x : (613) 521 - 3904 ART DIRECTION and DESIGN Laura Osman CONTRIBUTORS David McKie, Don Gibb, Julian Sher, Russ Martin, Tiffany Narducci, Charles Rusnell, Stuart Thomson, Laura Osman, Dean Jobb, Fred Vallance-Jones, Kelly Toughill, Lucas Timmons, Mary Gazee, Stephen J.A. Ward, Simon Doyle COVER PHOTO Former cabinet minister and Conservative M.P. Helena Guergis and her husband, former Conservative MP Rahim Jaffer, became the focus of a media scandal, dominating political coverage for months. THE CANADIAN PRESS/Sean Kilpatrick his edition of Media magazine contains a little of the old and a lot of the new. First the old, as in the kind of journalism that requires the digging and the shoe leather we’ve come to associate with investigative enterprises. In the cover story, Russ Martin takes us behind the scenes of what is arguably one of the most sensational stories to come out of Parliament Hill in years. The characters could be right out of a Hollywood movie: Helena Guergis, the glamorous ex-cabinet minister with a reputation for being a diva whose downfall began with an inexplicable meltdown at the Charlottetown airport and ended with allegations involving unsavory characters cutting backroom deals; her husband, Rahim Jaffer, the disgraced former Conservative MP who seemed to have it all – looks, smarts and the confidence of his fellow M.P.s. Together they were the power couple that jazzed up a dour Conservative brand. Rounding out the cast were suspicious businessmen, a debt-ridden private eye with possible secrets to tell, a prime minister looking to get rid of the unsavory mess, and, of course, those “busty hookers.” Yes, this story had it all. And journalists on Parliament Hill, and outside Ottawa, had fun digging into the allegations that so far still remain murky. The sensational allegations and tawdry subject matter notwithstanding, the Guergis-Jaffer affair also represented examples of supreme sleuthing as exemplified by the Toronto Star and Collingwood Enterprise Bulletin, the local newspaper in Guergis’ riding. Sleuthing was also at the heart of the Airbus affair with its allegations of kick-backs and suspicious payments to former prime minister Brian Mulroney. For the past 15 years, CBC investigative journalist Harvey Cashore attempted to answer one simple question: What happened to the 25-million dollars in commissions that resulted from the sale of the Airbus jets to Air Canada? Cashore documents his quest for that answer in his highly readable new book The Truth Shows Up. There can be no finer example of shoe-leather journalism than his dogged pursuit of the main characters, including the shady middle man, and a former prime minister who was determined to spin his own version of the truth. Reading the book, I was astounded at Cashore’s (full disclosure, Harvey is also a colleague at the CBC) tenacity and refusal to accept pat and half-backed explanations, and his fearlessness in the face of lawsuits that could have destroyed his career. For anyone passionate about investigative journalism or curious about the Airbus affair, I would recommend you add this book to your summer reading. As part of a transition towards the new – as in a new generation of journalists -- there is the story of a negligent landlord in Ottawa that allowed tenants to live in deplorable conditions. Digging through building inspections data, Laura Osman and Stuart Thomson (full disclosure again, two of my former students), identified the landlord, TransGlobe Property Management, and the tenants, low-income residents who were afraid to voice their concerns for fear of being evicted. Laura and Stuart scoured the Internet to find people willing to talk, and then visited the neighborhood on a number of occasions in an attempt to convince people to go on the record. In short, they combined shoe-leather with computer-assisted reporting: the old and the new. Their efforts paid off handsomely. Their stories aired on CBC Radio, television and were published on cbcnews.ca. And in keeping with the spirit of the new, Media is fortunate to have two new columns. In Research on the Net Lucas Timmons, now a multimedia journalist and web producer at the Edmonton Journal, walks us through techniques he used to track down gun enthusiasts who didn’t want to be found. And in his column we’re calling The Future of News, Simon Doyle introduces us to curators, super copy editors who search social media sites in their quest for information. In mixing the old with the new, we are attempting to stay above the tired rhetoric about our business being in trouble. Yes, Canwest is history. But perhaps a new, more dynamic model will emerge. Yes, journalism students may find it harder these days to find jobs. But perhaps their increased familiarity with social media and new forms of technology will make them better suited for jobs that will mix skills-sets in new ways that we never thought possible. So let’s try to stay positive, shall we. If you have issues you think we should be covering, please feel free to contact me at david_mckie@cbc.ca. In the meantime, have a great summer. M David McKie, Editor MEDIA is published four time a year by the Canadian Association of Journalists. It is managed and edited independantly of the CAJ and its content do not necessarily reflect the views of the association. 4 MEDIA SUMMER 2010 5 Writer’s Toolbox MAKE A PLAN BEFORE YOU WRITE: PART 11 In the end, your task is simple. Tell stories. Tell them well. Don Gibb W riters should never be satisfied with their first draft, their first stab at a lead, or quotes that seem never to end. They shouldn’t be satisfied with unexplained jargon or a weak nut graf. Likewise for lack of context or lack of balance. And it’s a crime to be boring. The list goes on. So to add to a checklist of basics begun in the winter 2010 edition of Media magazine -- everything writers should consider with every story -- here is Part II. SHORTER SENTENCES Too many long sentences in a row make life miserable for readers. They have to work too hard to read and comprehend your story. Broadcasters know the merit of short sentences or have it knocked into them quickly. Listen to how they do it. A writing coach once said if you give readers a long sentence, treat them to a short one. Varying the length of sentences adds rhythm and flow to a story. If you find yourself stuck with too many long sentences, consider breaking them into two or three by using periods. The lowly period is the simplest tool to break up the congestion. If you read your story aloud, you will likely pick up on sentences that are too cumbersome. Try this one without coming up for breath: After Israeli Major-General Amos Gilad met Palestinian security chief Mohammed Dahlan on Saturday, their subordinates met into the early hours of this morning to work out details of a plan under which Israel gradually would withdraw from Bethlehem and parts of the Gaza Strip, putting security back in the hands of Palestinians after months of Israeli occupation, the Israeli Defence Ministry said. (62 words) 6 With minor alterations, you can break this into three, easier-to-digest sentences. TRANSITIONS These are simple devices that make a story move along smoothly from one topic to another, one person to another, one place to another, one time to another. Readers shouldn’t feel lost or left behind when you make a sudden turn without warning. “We fail to heed the unspoken commandment that undergirds all others, the only common demand of readers everywhere: For Pete’s sake, make it interesting. Tell me a story.” - Willam Blundell Tell them when you have a change in location, a change of speakers, a change in time. Keep the reader informed with every move. USE ACTIVE VOICE Simply put, it is more direct. “City council met last night” is more concise and direct than “a meeting was held by city council last night.” Strong sentences follow the traditional format of subject-verb-object. Never say never to the passive voice. It has its place, but not as a dominant force dulling down a story or a broadcast. SHOW RATHER THAN TELL Easy to say, harder to do. Avoid saying something was “fun” or “awesome” or “difficult.” Show the fun -- the giggling youngster splashing in the pool. Show the difficulty -- the cross-country runner gasping for air as she climbs the hill. Showing takes readers right to the heart of your story. It helps them to visualize and feel a part of it. Look for specific details. Telling rather than showing is more abstract and passive. Krystal Wilhelm crouches on the seventh stair of the Merlin Apartments, thin knees pulled against her 16-year-old stomach, insides cramping. She’s dope sick. … She rocks with cramps. When you think of showing, you want to capture key moments, just like Wilhelm’s dope sickness. As Rene Cappon (The Word) notes, “colour is a matter of detail – those details that make this story different from any other stories.” Avoid the predictable (sandy beaches, posh resort, tony neighbourhood, urban sprawl). They are well-worn descriptives applicable to many scenes. Search for the right word(s) for your story. OBSERVE This is a close cousin of showing. Reporters, in my mind, are among the best observers. But because we’ve been trained to record what other people say, we tend to pay less attention to what we see, hear, smell, taste and touch. Sometimes what you see (or hear) is your lead. Take the time to record observations in your notes – just as you do quotes and comments from those you interview – so you have the deMEDIA tails when it’s time to write. Don’t rely on memory. Be careful, however, not to interpret what you see … but just report what you see. When the late Pierre Trudeau turned 80, he guarded his privacy and refused to talk to a reporter. But she caught up with him at a lunch counter and wrote the following observations, no doubt aided by some information from those who serve Trudeau every week: He inches ahead at the Lebanese fastfood counter, reaching for his plastic cutlery with slow and deliberate hands. He orders his usual - chicken in pita bread with mild sauce – and graciously smiles at the staff. It’s a lunch-time routine several days a week. Then all eyes in the room follow him as he moves off to a remote corner to eat by himself. AVOID WARM BODIES Reporters often show and tell their stories through someone they interview. For example, the impact of a new government policy on ordinary people. By using one person through whom to tell a complex story, you make it easier for readers to grasp the significance of that new policy. However, you need to develop such a person beyond one-dimensional – otherwise, the person becomes a “warm body” used simply as a prop. Such stories often drop the person around paragraph four with a simple transitional line like, “So-and-so is not alone.” Or: “So-and-so is one of 500,000 Canadians who …” The person leaves the story, never to be seen again. Unless, of course, the reporter brings the person back for one last, unremarkable gasp at the end. If you are going to use people to illustrate stories, develop their personal story. Make them real. Show their personality. Make them people with whom readers can identify. WRITE TIGHT This takes discipline and requires writers to exercise good judgment. As Boston Globe writing coach Don Murray has observed, writers are territorial animals with a primitive instinct to use up as much newsprint (or air time?) as possible. “But the stories that survive,” he says, “are usually short, precisely limited and clearly focused.” SUMMER 2010 William Zinsser (On Writing Well), adds, “Writing improves in direct ratio to the number of things we can keep out that shouldn’t be there.” A few quick tips: 1) Watch for a sentence that repeats what a previous sentence or quote said. 2) Justify the need for everything in your story: Why is this important? Does the reader need to know this? Does this advance the story? 3) Fight clutter – due to the fact that (because); at this point in time (now); for the purpose of (for); in order to (to). 4) Look for sections to delete – an anecdote that doesn’t advance your story or perhaps an interviewee repeating what another interviewee has already said. Better writing comes from leaving the comfort of the safe or routine approach. It also means accepting, if necessary, failure. We learn from our mistakes and we are better for it. Tighter writing means understanding your story and having the confidence to write it without resorting to over-explanation and long, cumbersome quotes. Take time to self-edit before handing in your story. Accept the challenge of making your writing crisper by cutting and eliminating needless material. Just because you gather it, doesn’t mean you have to use it. What you leave out is just as important as what you put in. REWRITE It’s your chance to recheck some basics. Have you backed up your lead? Have you buried a better angle? Are your quotes punchy? What about sentences that are too long or a point that needs more explanation? Rewriting makes you a better writer because you are the one fixing before handing off to an editor. UNDERSTAND NUMBERS A writing coach who taught engineering students said they didn’t realize that 60 per cent of their time would be spent writing. Reporters, she said, don’t realize the 60 per cent of their time could be spent translating and analyzing numbers. Like it or not, numbers are a big part of journalism and writers need to understand some basics such as figuring out a percentage, making sure numbers add up, or understanding the difference between average and median. Scary stuff for writers who say they got into journalism because they hated math. But there’s nothing wrong with calling on outside sources – business professors, accountants, high school math teachers – to help translate what the numbers mean. It’s best if they have no vested interest in the story on which you are seeking help. MASTER THE COMPLEX You have to explain technical, complex material in simple terms. Slow down how much and how fast you feed information to readers. Short, simple sentences are often best to describe long, complicated issues. And know when enough is enough. The key is that you have to understand all of it, but give readers only as much as they need to know to understand the topic. Remember, you’re not writing it for the doctor, lawyer, or engineer you interviewed. You’re writing it for ordinary readers and that will be less technical than the doctor, lawyer or engineer might prefer. Accurately conveying complex material is always your goal, but you have to work at making it understandable. TAKE READERS THERE Give readers a sense of place. Where are you? What do you see? Here’s an example where a reporter returns to Kelowna, B.C., a year after a forest fire destroyed more than 200 homes and forced 30,000 to flee their town: You can smell the burned forest on Okanagan Mountain before you see it. Hiking up an old railway bed surrounded by green pines, you wonder, was this really where, one year ago 7 this weekend, a massive fire threatened to engulf an entire city? Then the heavy smell of charcoal hits you. Turning a corner you see where the fire raged on the mountain, a black tongue licking down the hillside, consuming everything in its path. Marching off to the summit, stuck like spears into the soil, are thousands of dead, black trees. ENDINGS Just as important as beginnings. In fact, Justice Denise Bellamy, of the Ontario Superior Court, says she was taught in “judgment writing school” that the opening paragraph is prime real estate. “Why would you put a hot dog stand there?” Why, indeed? And while you’re at it, think of your ending before you get there. Endings shouldn’t leave readers hanging over the edge of a cliff, unless you’re running a series and want to entice them back for more tomorrow or next week. Here’s a writer who has a catchy lead and an excellent ending as he circles back to the beginning to complete his story in a natural and charming way: Opening Susan Wright’s life of crime began about two weeks ago, on a sunny Sunday afternoon. She stood at the corner of Bathurst Street, just south of Dupont Street. The coast was clear. Ms. Wright went ahead with her plan. A minute later, as she headed west on Olive Avenue, a police car pulled up next to her. Ms. Wright had joined the ranks of Toronto’s fastest-growing criminal class – the jaywalker. “I couldn’t believe it,” said Ms. Wright, who lives downtown and owns a business called Tree Hugger Puppets. “Who gets busted for jaywalking?” Ending This week, Ms. Wright went to the courthouse to fight her ticket, arguing that the fine was excessive. The justice of the peace agreed, and dropped it to $20 from $50. Ms. Wright described the trip from her home to the court: “I jaywalked seven times to get there,” she said. “I just didn’t get caught.” ••• In the end, your task is simple. Tell stories. Tell them well. 8 William Blundell (The Art and Craft of Feature Writing) says nothing is easier than to stop reading. “We fail to heed the unspoken commandment that undergirds all others, the only common demand of readers everywhere: For Pete’s sake, make it interesting. Tell me a story.” That’s the real challenge every day. Do not approach any story with complacency and for heaven’s sake, accept the challenge every story has to offer, no matter how mundane it seems at the time. Bad attitude kills more good stories. Instead of being negative going in, look for the gem in every story. It is there. (Thus endeth the preachy part.) No doubt you can add more to this checklist of basics, but the list should serve as a reminder to constantly stay on top of the tools that make for excellence in writing. Just as airline pilots make the same checks over and over again on every flight, writers need to do the same on every story. It will keep you sharp, help you avoid or overcome lazy habits, and exercise your mind. While you’re at it, take some risks. Better writing comes from leaving the comfort of the safe or routine approach. It also means accepting, if necessary, failure. We learn from our mistakes and we are better for it. M Don Gibb, who taught reporting for 20 years at Ryerson University’s School of Journalism, retired in 2008. He can be reached at dgibb1@ cogeco.ca ••• Part I of this two-part column appeared in the winter 2010 edition of Media. It covered the following basics: Focus, story outline, structure, leads, backing up the lead, nut graf., context, use of quotes, attribution, balance and interviewing. Journalism Net The Invisible Web Google and other search engines can’t spider those kinds of web pages and won’t list them in their search results. Julian Sher O ne of the biggest myths about the web is that it is easily searchable. With the speed and accuracy of search engines like Google, people assume everything on the web is easily accessible and at their fingertips. If they haven’t found what they’re looking for, they figure they’re doing something wrong in their search strategy. That can often be the case – and you should check out JournalismNet’s Search Tips (www.journalismnet.com/tips) to be sure you are employing the latest, best and most relevant techniques and tricks. But even if you’re a whiz with Google and other tools, you have to know their limits. Even the best search engines tap into only a small portion of the web. According to Google, the first Google index in 1998 had 26 million pages, and by 2000 Google was searching more than one billion web pages. By 2008, its engineers boasted their tool was “spidering” more than 1 trillion unique URLs. Sounds impressive, right? It is. That’s like hunting through a stack of paper more than 5,000 miles tall – a stack that would almost stretch from Chicago to Paris travelling by air. Except that the web keeps growing at a faster page rate: millions of blogs, YouTube videos, websites and other postings go up every hour. Buried Treasures And there is a bigger problem. All the search engines combined – Google and all its competitors – only scratch the surface of what’s out there on the Internet. The rest remains largely unexplored as buried treasures. That’s why it is called the “Invisible Web” or the “Deep Web.” How big is the invisible web? According to one search company, BrightPlanet, the invisible web could be “at least 1000 times greater than the Surface Web.” What’s buried in the invisible web? Well, MEDIA SUMMER 2010 obviously sites that intentionally keep their pages from being searched by search engine spiders – private networks, like intranets, like companies use for internal consumption; secure databases from banks and governments. Then there are public sites like universities, journals or other institutions that might only allow access with a password. Finally, there are what are called dynamic searchable databases. Think about what happens when you visit a government web site that contains public information on companies and shareholders. You make a request for a listing of directors of Company ABC and up pops a list of their names and affiliations. But that web page did not exist until you made that request. The same happens when you ask a university library site to find all the books about “blue whales.” The information is stored in databases, retrieved when you make a request and displayed on a web page that will disappear after you finish. In most cases, Google and other search engines can’t spider those kinds of web pages and won’t list them in their search results. Tools to Hunt All is not lost. There are ways you can hunt through the invisible web. You can’t get into password-protected sites or private networks (though they sometimes get hacked or cracked!). But there are ways to hunt through the many databases. One easy trick is to just add the word database to your search keywords. For example, try a search for: “toxic chemicals” water Arizona databases This will get you quite different results than if you don’t put in the word “database,” including links to some possibly very useful databases. There are also several specialty search engines that offer ways to dig through the invisible web. One of my favorites is Infomine (www.infomine.com), put together by librarians from the University of California and other educational centers. It contains a vast number of databases, electronic journals, electronic books, bulletin boards, mailing lists, online library card catalogs, articles and directories of researchers – searchable by keyword or by topic. Librarians in general can help you navigate through the invisible web and you’ll find a listing of helpful library sites at JournalismNet’s Library Help page (www. journalismnet.com/search/librarians.htm). In particular, Gary Price, a librarian and information research consultant, maintains an excellent resource at http://www. resourceshelf.com. The University of Idaho also maintains a listing of over 5000 websites describing the holdings of manuscripts, archives, rare books, historical photographs, and other primary sources for the research scholar. [http://www.uiweb.uidaho.edu/special-collections/Other.Repositories.html] Another valuable tool is the Directory of Open Access Journals.(www.doaj.org) This service covers free, full text, quality controlled scientific and scholarly journals. Finally, a site that aims to catalogue all the world’s libraries is called WorldCat (www.worldcat.org). It searches many libraries for books and research articles and even music, and videos to check out. You’ll find similar tools listed on JNet’s Academic Search Page at http://www.peoplesearchpro.com/journalism/search/academic.htm. So don’t get discouraged. Much of the web may remain invisible, but there are ways to uncover some hidden gems. M Julian Sher is the creator of JournalismNet. He can be reached at www.juliansher.com. 9 Feature The Helena Guergis, Rahim Jaffer media circus With talk of “busty hookers,” cocaine abuse and unregistered lobbying, it was a story the likes of which journalists on Parliament Hill had never seen -- or may never witness again Russ Martin W hen a letter defending former M.P. Helena Guergis arrived on Ian Adams’ desk on March 28, he had his suspicions. It was the fourth letter written to Adams, editor-in-chief of the Collingwood Enterprise Bulletin, a local newspaper in Guergis’ riding. All the letters were supportive of the MP and cabinet minister, and were signed by Jessica Morgan. Adams decided to call Morgan. Adams conducted a search on the phone number Morgan left on one letter and found it listed on a local community information centre’s website. He requested the file and found the number belonged to Jessica Craven. A previous Facebook search revealed Craven was in a relationship with a man with the surname Morgan. Bingo. Adams called Craven to confront her. When she picked up, he asked, “Are you Jessica Morgan?” She said she’d have to call him back, but Adams asked again. She admitted her husband’s last name is Morgan. “I had to ask her three or four times before she said, ‘I don’t have to respond to your questions,’” Adams recalled. She hung up, but Adams had the proof he was looking for. Jessica Craven, executive assistant to Guergis, had written the letters. Craven’s letters became part of a larger narrative in the fall of Helena Guergis. 10 The trouble started on September 16, 2009, when Guergis’ husband, former Conservative M.P. Rahim Jaffer, was charged with impaired driving and cocaine possession (the charges were later dropped.) The couple made headlines again on February 19 when Guergis had a meltdown at the Charlottetown Airport. The Enterprise Bulletin published its story on Craven’s letters on March 30. Several other outlets quickly posted the news. “It took off like crazy as soon as we put it up online,” Adams said. “I was astounded by how much that got picked up. I assumed it was a slow news day.” The story continued to unfold. On April 6 the Liberals demanded an investigation into a claim Guergis was given $800,000 for her home Rockliffe Park, Ottawa’s wealthiest neighborhood. Two days later a report in the Toronto Star claimed Jaffer had offered to “open up” the Prime Minister’s office to Nazim Gillani and several other businessmen. Despite Guergis’ resignation on April 9, the unspecified allegations against the former cabinet minister who the Prime Minister also kicked out of the Conservative caucus, continued. Reports on April 13 claimed Jaffer used Guergis’ office to conduct business. Three days later, it was revealed Guergis had written an e-mail in support of Wright Tech Systems, a company Jaffer was planning to take public. Another potential conflict of interest was revealed on April 29, when it emerged Jaffer had used his wife’s official e-mail for business. “The drive was the sequence of things,” said Carleton journalism professor Paul Adams, explaining how the story became a national news scandal. “There was a build up of events.” Though Adams said Guergis and Jaffer were well known on Parliament Hill before Jaffer’s arrest, neither were household names. Still, the couple has been the subject of countless articles and newscasts since February, surviving many news cycles. Adams said the Prime Minister’s drastic, largely unexplained firing (though MEDIA FEELING THE PRESSURE: Once the golden girl with the bright future, Helena Guergis became the focus of negative attention, much of it innuendo, which eventually led to her fall from grace. THE CANADIAN PRESS/Sean Kilpatrick she resigned, Harper made it clear that he would have asked her to leave) of Guergis elevated the story’s prominence. The Liberals then pushed for answers, he said, which kept her name in the papers. “The liberals have been looking hard for something to give them a lift in the polls and they [latched] onto this,” Adams said. The tactic didn’t work. A survey published by Ipsos on April 24 showed 35 per cent of voters still support the Conservative party, SUMMER 2010 while only 29 per cent support the Liberals. “It doesn’t seem to have given them any lift,” he said. Jaffer’s use of Guergis’ office was most important to readers, Adams said. But that wasn’t all that was reported. The sensational details, including a claim Gillani had photos of the couple amongst cocaine and “busty hookers,” made front-page news. As Jane Taber, senior parliamentary writer for the Globe and Mail, put it, “You don’t get those stories in politics very often. Certainly not in Ottawa.” Guergis’ reputation didn’t help matters. Taber said Guergis is known as very tenacious, but added she thinks Guergis been unfairly labeled as a diva and a princess because of her fashionable clothing, good looks and gender. “She stood out from the moment she got elected because of her looks. Politicians don’t look like her,” Taber said. “There’s a 11 Interview “I know we all overuse the word closure. But for me it was closure on a story that’s been with me for 15 years.” THE MONEY THE MIDDLE MAN AND A FORMER PRIME MINISTER FATAL TESTIMONY: The testimony of former MP Rahim Jaffer and his business partner Patrick Glemaud, right, at the Commons government operations and estimates committee on April 21, 2010, raised more even more questions about their lobbying activities. THE CANADIAN PRESS/Fred Chartrand double standard and the double standard remains. Women are judged differently from their male counterparts.” While Guergis may have been judged unjustly, Taber believes journalists made rigorous attempts to verify the allegations, most notably Kevin Donovan at The Star. “People were being very, very careful,” she said. “I do believe the reporting was not in any way dismissive.” For Donovan, Guergis was never the focus of the story, just one character caught in collateral damage. “I was a bit disappointed that she became so much the story,” Donovan said. “I thought the story was Gillani and Mr. Jaffer.” By the time many journalists started working on Guergis pieces Donovan had been investigating Jaffer’s business dealings with Gillani for about a month. He said this head start provided his pieces with details not yet published in other papers. On April 8 Donovan received a tip that the 12 letter Guergis wrote in support of Wright Tech Systems had been published on a public website. “I thought, ‘Oh my gosh, she’s writing about a company her husband is involved in,’” Donovan said. The next week The Star ran a piece on Jaffer’s business deals and his wife’s involvement. The more sensational details, which many other outlets focused on, were murky at best, Donovan said. “I never believed there were pictures that Gillani had of the cabinet minister in that circumstance. Gillani tells a whole bunch of people he has photos of them in compromising situations,” he said. “Most of the things Gillani boasts about need to be taken with a grain of salt.” Though Donovan and his team plan to continue to pursue the story as it develops, he’s now deep into other investigations. “There are a lot of equally important or more important stories in Canada to do,” he said. “I don’t think everyone needs to be fixated on this.” If anything, Donovan hopes the Guergis story leads to more investigations into government corruption. “It would be nice to see, as a result of this, journalists focus on how governments are conducting business,” Donovan said. As for Guergis, Ian Adams expects she will fight the allegations. “She won’t go quietly,” he said. “She’s not that type of person. She’ll fight this every step of the way.” He expects no further letters from Jessica Morgan. M Russ Martin is a freelance reporter and recent graduate of Ryerson’s online journalism program. His work has been published in Marketing Magazine, Toronto Star, the Ottawa Citizen and the Montreal Gazette. He has also contributed to new media publications including AndPop, Newsfix and Futuréale. MEDIA C BC investigative journalist, Harvey Cashore, recounts the 15-year odyssey that took him halfway around the globe in an attempt to follow the money trail in the Airbus affair, a sad chapter in Canadian history that may forever tarnish the reputation of former prime minister Brian Mulroney. Cashore’s journey, recountSUMMER 2010 ed in the pages of his new book The Truth Shows Up, was painful, surprising, and exhilarating. In an edited version of a conversation with Media magazine, Cashore discusses his odyssey and the personal price he paid in pursuit of the real story that still remains untold. We began the conversation with his explanation of why he chose to write the book as a personal journey. Cashore: I think that on the one hand it was such a complex, convoluted story. Early on I realized the best way to tell that story was through the pursuit of it. And I think it made it more accessible. It was a story of how we got the story -- and not the 13 story itself. Media: Why did you decide to write it? Cashore: There are many different answers I could give at different times. But on a personal level, I just had to. I know we all overuse the word “closure.” But for me it was closure on a story that’s been with me for 15 years. I needed to close it for my family, my children. I needed to move ahead of it, but I knew I couldn’t until I put it all down. And I knew there was a story unwritten and untold about how our institutions, be they RCMP, justice, media, collectively fail Canadians. And I really wanted to explain why I believe that. And why the facts prove it. And I hope that I’ve done that. Because that book will always be on someone’s shelf or on the library. And you go and get it and read about a real dark period in Canadian history. Both the story itself and how we did not deal with it properly when it came to light. Media: What is a significant part of that unwritten story? Cashore: I think that we do live in a bit of a banana republic. (laughing) We tend to have this idea that our democracy works pretty well. We’ve got a good political system that is open and transparent. And we’ve got the media doing its job. But I think, hopefully, what this book shows is that we don’t expose our scandals and then we move on. And I think there’s a gap between what Canadians want and what they deserve, and what they get from our institutions. Even if you look at how the story was covered in the media in the last 15 years, it didn’t get the attention it deserved until very recently. Canadians did not tire of the story. They were interested in the idea that a former prime minister met in a hotel room with a middle man who doled out one thousand dollar bills in an envelope and that money came from Airbus (shorthand for the deal that saw Air Canada spend more than a billion dollars to buy Airbus jets during Brian Mulroney’s time in power). And that was of intense interest to Canadians. I tried to explain why they didn’t get more attention paid to that story. Media: What details about Airbus are still lacking? When we have spoken in the past, you’ve always wondered where the money went? Cashore: That’s the quest that guided me throughout the book, was where did 14 that money go? Quests can succeed or not succeed. I think it can still make a good story that we did not succeed (in finding out where the 25-million dollars in commissions from the Airbus deal with Air Canada ended up). In some ways we did. We found out about the money to Mulroney. Three hundred thousand dollars of it, or 225-thousand, take your pick, went to Brian Mulroney. That was a significant accomplishment, and the credit goes to the fifth estate and the CBC for having, in the dark days when no one wanted to do the story, for sticking with it and getting the information that led to the revelations in the media. I believe the CBC deserves a lot of credit for that. But the overall quest, which is where did that 25-million go, is still largely unanswered. And what I argue is that we had a real opportunity during the last year, both at the ethics committee and the Oliphant Commission to get at those really important questions. Our institutions chose not to. I would say that the truth really was a character in this book. The truth knocked at the door of the Oliphant Commission and said ‘I’m here. I want you to ask me questions.’ And we said, ‘no thanks, we’re good.’ Media: So we ignored the scandal? Cashore: Many people have said this to me: Imagine this kind of scandal in the United States where a former president met in a hotel room with a former arms dealer, a middle man, took cash from a secret account in an offshore account that generated cash for deals that government when it was in power. You would never have heard the end of it. Every penny would have been accounted for by now. Every penny! We never called an Airbus executive to the stand. We never called an Air Canada executive to the stand. And yet on the very same day, we knew that Brian Mulroney got his very first cash payment, and (German businessman and the infamous middleman in the Airbus affair) Karlheinz Schreiber, Fred Doucet, Mulroney’s closest friend on earth, writing letters to Air Canada about the Airbus commissions. Media: The Oliphant Commission was unconcerned about Airbus. Cashore: The objective should not have been to make the link between Airbus and Mulroney. That would be unfair and unfortunate. The objective should have been to find out where the money went. I would say we had a real opportunity to find out where all that money went. And we didn’t. Media: Would you argue that the Oliphant Commission was our last shot to follow the money? Cashore: Absolutely. It’s tragic. And I’m not overstating it here. Justice Oliphant used the word ‘inappropriate’ to describe Mulroney’s behavior (in accepting envelopes full of cash from Schreiber). I think that it could be suggested that the commission’s findings were inappropriate. We had an opportunity here to find out not just that one man (Brian Mulroney) got money in a hotel room from a middle man (Karlheinz Schreiber). But what about the bigger picture, which is how can corporations, some of which are larger than countries… how can we ensure that large corporations like Airbus in the future no longer offer sidedeals, grease money, bribe payments in order to make deals happen? That question was not addressed. And yet to me that is the most significant question. How can we make sure that our democracy itself is not undermined by corporations wanting to sell goods and make money? Media: What was the hardest part in writing the book? Cashore: The hardest part for me, because my memory isn’t very good, was going over my own notes and looking at my behavior and realizing that I might have spent too much time thinking about the story and working on the story. My last chapter dealt with this. What was this all for? I wanted to find out where the money went and the truth showed up, but we really didn’t want to find out what the truth knew. So what was it for? What did we accomplish? I guess we exposed the fact that our democracy is sick. That our institutions don’t work. Media: There were times when you had family stuff to do and work took over. Cashore: People have accused me of being obsessive. I don’t agree. If you had a $35-million dollar lawsuit hanging over your head for seven years (Schreiber was suing him), you’d want to make sure you got that sorted out as well. You can’t move on until that kind of thing gets sorted out. So that made me preoccupied. If you lose a lawsuit, you lose your career. And we knew that we were right and that we did a good job. So that became always there in the background. You knew your reputation was on the line. And therefore having to go back into the story, not MEDIA only to advance the story, but save your reputation… So in some ways I had to. There was no choice. What else was I going to do? Media: So no lawsuits. That’s all done. Cashore: I have a photocopy of a cheque that Schreiber wrote to our lawyers to pay for our legal costs. It’s right in front of me. I’m looking at it right now. And every day I see it. And I know what we won. But at the time no one knew we were going to win. Media: But what price did you pay? Cashore: I don’t want to blame the fact that my marriage failed on the story itself. But the fact is that this job, not just the Airbus story, is more than a job. And if you believe in the issues, in exposing injustice, righting wrong, it can’t be a nine-to-five job. So that has a toll on those around you. And so, when you asked earlier what was the hardest thing about writing this book, it was actually putting things in a row and realizing I did spend a lot of time on this story. I did miss birthdays. I did miss events I didn’t want to miss. I did have to fly off to Europe at a moment’s notice. And what does that do to your human relationships? It’s not that helpful. So there’s a human toll for sure. But there’s also a toll on your work. If you lose a lawsuit, you lose everything. Media: When you examine the way the media handled this. How did they do? Cashore: Well, you know this yourself because I tried to write about this in Media magazine back in 1996. And I wanted to write about the spin campaign (On the part of Brian Mulroney). And I did. You commissioned me to write that story. And this was during the time we were being sued and I couldn’t understand why the story wasn’t where did the money go? Our lawyers signed off on it and everything, until a CBC manager intervened and said, ‘no, that story’s not going to air. We’re not going to let Cashore write about that.’ So it was an insecure time for me because here I am, a research-associate producer. I don’t have a lot of power. But I do have a sense of stories being covered the right way. I was confused. I was probably insecure. I was young and feeling kind of hounded. Every day I’d come to work and see a story critical of me and the fifth estate. It wasn’t a fun time. If that happened now, I’d be a lot more confident. But, to take this into the modern age, SUMMER 2010 ACCEPTING ENVELOPES FULL OF CASH: During the Oliphant Commission, former prime minister, Brian Mulroney, was forced to explain why he took the money from Karlheinz Schreiber. PHOTO CREDIT: THE CANADIAN PRESS/Adrian Wyld this couldn’t have been done without the partnership we had with Greg McArthur and The Globe and Mail. There was a team work during the period after we exposed the Britton account (an off-shore account that contained grease money from the Airbus sale) and after Schreiber talked about the money to Mulroney and we proved that the money came from Airbus. The Globe, which I had been very critical of in the 1990s and early 2000, got some new people on board. And they, along with us, helped push that story to the finish line by getting it on the public agenda. Media: So this was a crucial time in linking some of the money to Mulroney? Cashore: At least where we succeeded is that everyone knows that Mulroney got cash from Schreiber. Everyone now knows it came from Airbus. And, to some extent, that’s all I really wanted to do. We knew that information was true a decade ago. But because of the failure of the media to report it in any significant way, no one ever knew about it. So we finally got it onto the national stage and it had a public airing of a very important issue. And that I feel really good about. Media: What do you hope will be the book’s legacy? Cashore: I hope young journalists get to read this book. And I hope they’re inspired by the fact that you can overcome obstacles and you can have the truth come out if you keep digging away. I also hope they’re inspired by the idea that our media institutions are not perfect. They’re deeply flawed. And when you are a young journalist, you are a naive, idealistic and enthusiastic. And I hope that when young journalists read this book that they remember not to lose that. Because it’s that kind of naiveté, idealism and enthusiasm that makes us do the work we do. Let’s keep the idea going that the more we expose corruption that we’re doing good work and making change. So there’s a thread of pessimism and optimism in my book. Media: In these days of cutbacks, is it possible to investigate stories like this? Cashore: I like to think of it as a pendulum, and this is where I still have the optimism. Investigative reporting ebbs and flows. And I hope we’re in a period now when we’re doing more of it. I think the National Post is doing good investigative journalism. The Toronto Star is doing fabulous work, as are The Globe and Mail and the CBC. In some way we’ve come to understand that if media outlets are going to differentiate themselves from the bloggers and anybody who can go on the Internet, we must be unique and distinct. And you will be most unique and distinct if you do original reporting. And this is where I think the media are headed. M 15 Media censorship A CULTURE OF IGNORANCE Media censorship in the Canadian Militay A retired reservist believes army conventions have prevented military news from covering sexual assault cases, disregarding recommendations from a federal Ombudsman Tiffany Narducci “ The purpose is not to tell you what is going on – it is to keep you happy.” The words come out of Tony Keene’s mouth slowly, clearly and with the utmost calm. A “It is highly unlikely for a sexual assault case to ever even make it into The Maple Leaf, let alone have commentary from the parties involved.” good news, and only what the department wants you to hear is presented.” Drapeau goes on to explain that the newspaper could never operate in an objective and unbiased manner since its staff is solely comprised of military personnel who owe loyalty to their employer, the Department of National Defence. He says that, as a publically-funded periodical, The Maple Leaf deserves a “buffer” in order to operate as transparently as a civilian media outlet. “You should have an editorial board made up of individuals that are not on the [DND] payroll who would put out an editorial policy and occasionally invite the public, because we’re paying for it, to have access to this public organ.” says Drapeau. “This document has to become for the public good, and the public good is not defined by or restricted to the senior management of DND.” Although Keene disagrees with the way The Maple Leaf chooses to operate, he is also quick to explain that there is no harmful intent behind the paper’s strategy. He says the newspaper operates on a ‘needto-know basis’, selectively choosing news stories in order to minimize concerns and alarm among military personnel. The main objective, he says, is to keep the mission going. THE DND/CF WEEKLY NEWS APPEARANCES ARE DECIEVING “It is not a newspaper.” Keene stresses. retired 18 reservist refers to the 26 May 2010, Vol. 13,TheNo. short silence ensues. “It is to make you think you know what’s going on.” The sobering words trigger an almost instinctive reaction to look over your shoulder. However, his troubling statements are directed to a small but vital part of our nation – the Canadian Forces. Keene, a retired reservist and journalist (for both military and civilian media), is speaking about the nation’s official military newspaper, The Maple Leaf. The newspaper came under fire in 1999, following a report to the Minister of National Defence, by Ombudsman André Marin. The document highlighted seven recommendations to reform the Canadian Forces’ policy on sexual assault. The final recommendation underscored the need for “changes to The Maple Leaf editorial policy to ensure that victims and comBy Rebecca Szulhan plainants are given an opportunity to share their experience [...] when articles refer to their specific case.” Marin’s admonitions were the result of an investigation into a botched sexual assault case that had been launched in 1998. Keene, who retired in 2007 after 42 years of service, says in his time as intern editor of The Maple Leaf, he never saw this policy implemented. Technology newspaper firstly as a military publication that tended to “accentuate the positive”. As a civilian journalist, Keene was able to compare The Maple Leaf’s operations to that of a local newspaper; there were no reporters, no editors assigning stories. Instead, a small group of six individuals received various contributions from military public information offices across Canada and distributed these additions to bases nationwide. Employees of The Maple Leaf were expected to publish the information verbatim and were subjected to criticism from their superiors if they disobeyed. “It is completely contradictory to the idea of a newspaper.” Keene says, slowing his words again and speaking carefully. “You don`t even think about getting the other side of the story [...] there is no journalism or editorial judgement being practiced.” Retired Colonel, lawyer and recurrent contributor to Esprit de Corps magazine Michel Drapeau agrees with Keene’s statements. He believes The Maple Leaf is a ‘corporate bulletin’ presented in the guise of a newspaper. “We have to keep in mind, particularly when we have Canadian soldiers and civilians deployed abroad, their only source of news may be The Maple Leaf [...] We are providing a disservice to our soldiers by presenting a distorted view – only the Technologie Who’s got your back online? Government-wide, we use computers every day, for a variety of tasks. And yet, any computer network—professional or personal—is vulnerable to a cyber attack. One wrong click, one unintended visit to 16 the wrong Web site, one corrupted e-mail, and the entire network is compromised. IGNORANCE IS BLISS Keeping the mission going, howMEDIA ever, seems to come at the loss of free of speech. In stark contrast to Marin`s recommendation, The Maple Leaf`s 2005 to 2008 archive holds only a single article on the issue of sexual assault. During this three-year period, a 2009 report by the Department of National Defence (DND) highlighted 157 such charges laid in military bases across Canada, with several hundred other allegations. The sole article, written by Captain Mark Giles in 2005, does not disclose information about a specific allegation or case. Rather, it is a briefing on how the military should disclose information to the civilian media about high-profile issues, including sexual assault. “Oh, they have policies on everything and they all read wonderfully.” says Keene. “These lists are put out so when someone like you asks questions, they have something to show. They are not there to be enforced until someone gets caught, until something goes wrong.” Following The Maple Leaf’s lead, the military has been reluctant to comment on Marin’s recommendations. DND chaplain Heather Smith offered only a brief statement before declining any further comment. “Sexual assault is no more prevalent in the Canadian Forces than in the general population [...] Yes, it exists and it is taken very seriously.” The type of glossed-over news coverage The Maple Leaf offers is not necessary to the well-being of soldiers, according to Keene. He points to the example of The Stars and Stripes, the official newspaper of the United States military. During their stay in Vietnam in 1965, the newspaper was censored by the U.S government after reporters unveiled black market trading, drug use and racism amongst American soldiers. In an unprecedented move, the newspaper filed a suit against the U.S district court in Washington, accusing Secretary of Defence Robert McNamara of violating its right to free speech. In 1967 The Stars and Stripes won the case. Since then, The Stars and Stripes has since been covering such controversial subjects as fraud, drug use and sexual assault – a far cry from the ‘feel good’ reporting of the newspaper’s Canadian counterpart. LES NOUVELLES 26 May 2010, Vol. 13, No. 18 Technology Technologie Who’s got HEBDOMADAIRES DU MDN ET DES your backLe 26 mai 2010, vol. 13, n online? CULTURE SHOCK For the most part, Canadian civilian SUMMER 2010 THE DND/CF WEEKLY NEWS o FOLLOW ORDERS: Employees of The Maple Leaf were expected to publish the information verbatim and were subjected to criticism from their superiors if they disobeyed. By Rebecca newspapers fall in Szulhan line behind the notions In order to guarantee the accomplishof free speech and public awareness. What ment of its goals, says Keene, the DND makes The Maple Leaf deviate from the must always ensure morale is at its highest Government-wide, we use computers ranks of non-military media, says Keene, level. Following this line of thought, the every After day, serving for a the variety of tasks. And yet,newspaper is careful to avoid is culture. Canadian military any computer network—professional orinto controversial or negative Forces for four decades, Major Tony straying Keene was deeply entrenched in reservist personal—is vulnerable to a cyberreporting. attack. A strategy Colonel Drapeau lifestyle. believes One wrong click, one unintended visit tois largely futile. “It is almost conspiratory.” he says “The soldiers don’t rely on [The Maple the wrong Web site, one corrupted e-mail, “The people being victimized within bases Leaf]... It plays a role, but I’d be hard and theof entire network is compromised. keep it out the public eye. [...] They can pressed to say what role it plays.” do things you Kingston – if any otherGarrison, employer we have Keenea adamantly reasserts that the At tothe tried these of things, they would end up in monitoring intention of the military is not malicious. team dedicated individuals front of a Human Rights Tribunal.” The doctors, nurses, and chaplains in the our networks to provide a buffer between It all comes to ensuring the completion Canadian Forces, he says, are every bit as threats us andaims. the According host of potential cybercaring of military to Keene, in as their civilian counterparts. But criminal cases put before a military court until The Maple Leaf abandons its current out there. “the victim is irrelevant.” The focus is reporting style, Marin’s recommendations Students at Royal Military College largely on the accused, in order to punish will continue collecting dust. Victims and (RMC) Kingston offered a glimpse April 22 them and get them back in the ranks as defendants will remain voiceless, and pubintoasthe complex, of will be undermined. quickly possible. Victims, fast-paced says Keene, world lic awareness cyber defence, where technology—and are important only as long as they are “It is a disciplinary system, in which evidence. main goal is regulating conduct and how people are manipulating it—isthealways “If any report on a sexual assault the victim is by and large meaningless.” changing. actually did surface in The Maple Leaf, says Keene. “It sounds brutal, doesn’t it?” this is why we would never think to seek M Continued on page the ‣other side of the story. This is 2 why no victim would come forward to discuss Tiffany Narducci studies journalism The Canadian contingentatpiper, Sgt W their case.” Carleton University. She’s enteringGeneral’s her from the Governor Foot Gu 17 Deux musiciens du contingent canad clairon des Governor General’s Foot G Source Building Getting people to open up Developing sources takes time. So be sure to develop a plan Charles Rusnell “ I got something for you. It’s big. Very big.” That voicemail message seemed to have come straight out of the blue; a lucky break, some might suggest. But there was no luck involved. That tip was the direct result of the assiduous cultivation of a source over many years. It produced a string of exclusive national stories in May for CBC TV, radio and on-line about what’s believed to be the biggest mortgage fraud in Canadian history. The Bank of Montreal is accusing Calgary Conservative MP Devinder Shory of having ties to the scheme and is suing him and hundreds of Albertans. In the court documents, which were obtained by CBC News, the bank alleges that Shory, who is a lawyer, executed illegal transactions. None of the allegations has been proven in court. And the Conservative MP denies any wrongdoing. The story would have been impossible without that crucial tip. Knowing how to build and maintain sources is critical to enterprise and investigative reporting. And even for those who don’t aspire to in-depth reporting, it’s what separates an exceptional reporter from the merely adequate. 18 So why should you build sources? The first and most obvious reason is that it allows you to get information you wouldn’t otherwise get. That information comes in two forms. The first is tips. Tips produce original, exclusive enterprise stories and we know how important those are. When the public sees that you produce original enterprise stories, they give you yet more tips. Pretty soon, you don’t have to take lame assignments from the desk. Pretty soon, you will have more tips that you can either give away, or put on a list. Sources can provide crucial information at crucial times, which can mean the difference between beating the competition on a story or getting beat. Sources provide another crucial form of information: context. They know how institutions work, or should work. All good reporting, whether it’s about cops, courts, or the legislature, is based on a Knowing how to build and maintain sources is critical to enterprise and investigative reporting. And even for those who don’t aspire to indepth reporting, it’s what separates an exceptional reporter from the merely adequate. fundamental understanding of how the institution works. Sources like talking about where they work; it’s part of human nature. All the best reporters I know don’t leave source building to chance. They have a method. Because source building is a function of a person’s personality, everyone should develop their own method. But here are a few basic techniques I have learned and adapted over the past 25 years. ESTABLISH A SYSTEM You can’t build and maintain sources without some kind of system for keeping track of them. I put mine in an individual searchable word files, and conglomerated in one main word file so I can email it to myself when I am going out of the country. I also keep a copy in my CBC email and in my BlackBerry. Whatever system you choose, it should be electronic, searchable and have enough space to put in personal information about the source such as his hobbies, where he drinks, or the fact that his kids play hockey. I try to key in every contact as soon as I get one. Take the time because it pays off in the long run. I have sources from 1983. ASK FOR NUMBERS You should ask every person you deal with for all their contact information, including cell and home numbers, email addresses, etc. I always say, “Is there a number I can get you at after hours if I need to fact check, or if my editor has questions?” Very few people will say no. Always ask for cell numbers even if you don’t think you will get them. You would be surprised who will give you your number. LEARN EVERYTHING YOU CAN ABOUT PEOPLE Write down the details about the individual so you remember them. This allows you to make a personal connection every time you call them for information. I will Google a person`s name to try find their hobbies, the associations they belong to, the professional organizations, the charities they support. During conversation, I will ask about their kids. If they play competitive sports, I ask how they are doing. I write down their wife`s name, and most especially their secretary. TICKLE LIST Keep a list of your best sources and call them every few months just to chat, a check-up on what is going on. I actually say, “Is there anything I should know about?” Call them for a drink every once in awhile, especially if you have a good joke to tell. People love to laugh. MEDIA WORK YOUR NETWORK Learn their networks because that is how you grow your sources exponentially. Find out who they associate with because they can put you onto other sources. USE ONE SOURCE TO “BOOK” ANOTHER Ask every source to recommend someone else you should talk to. Make it a habit to say: “Is there anyone else I should talk to about this?” One source begets another. I actually ask sources to call other sources and vouch for me and they do it. ACCURACY You will never build sources if you are a sloppy reporter. Why would a source talk to you again or vouch for you with someone else if you get it wrong? That seems selfevident but I can tell you I know reporters who my sources will not talk to. They don’t trust them. Sources will actually check you out. My former investigative partner called a national behavioural analyst at the RCMP crime lab in Ottawa and when he called her back he said he was prepared to talk because he had checked her out with the people he knew in Edmonton. Spell and pronounce their names correctly. FACT CHECK Call your source before the story appears and tell him or her generally what you plan to use and the context within which you are going to use it. I often do this before I leave the interview. You should explain that you have editors who may change what you plan to use. You should also explain that fact checking doesn’t give them the right to change something they don’t like. Fact checking builds trust, especially in TV and radio. Think about it. We interview people for 20 minutes or more and then use 20 or 30 seconds. It’s nervewracking for them. Fact checking builds trust and shows you are an up-front reporter. Some people don’t believe in fact checking – it may even be banned by policy. But many news organizations do it, including 60 Minutes. Legendary producer Ira Rosen does it on every story. He has won a Peabody and 20 Emmys. SUMMER 2010 I DIDN’T DO IT: A photo montage featuring Conservative MP Devinder Shory hangs on the wall at his constituency office in Calgary, Thursday, May 6, 2010. Alberta MP Devinder Shory is one of dozens of people named in a Calgary lawsuit alleging at $70-million mortgage fraud against the Bank of Montreal. The RCMP say they are in the preliminary stages of seeing whether a crime is involved. THE CANADIAN PRESS/Jeff McIntosh BE UPFRONT Nobody wants to deal with a weasel. This is critical and it makes or breaks your reputation. When I phone a source I will actually write a little script or preamble that explains who I am and precisely what I want to know. I will say straight out, look, here’s what I am up to. This is what we’re looking at and why. So the person knows exactly where we’re coming from. Don’t try to trap, trick or mislead your sources about what you’re doing. You can be guaranteed that source will never deal with you again and they will badmouth you to everybody who will listen. They poison the well. When you mislead sources about your intentions, you undermine not only your own reputation, but that of your news organization and all reporters. M Charles Rusnell is an investigative reporter and producer for CBC News Edmonton. Charles began his career at The Ottawa Citizen. After a decade in the nation’s capital, he moved back west to The Edmonton Journal. In 2008 he made the transition to television and radio broadcasting, joining the team at CBC Edmonton. During his nearly 25 years as a journalist, Charles has broken some of Alberta’s, and Canada’s, biggest stories. 19 Q&A New days ahead for what used to be CanWest David McKie A “We’ll see whether Mr. Godfrey gives individual publishers more ability to shape their news organizations, because we know that they are much broader than just producing newspapers.” fter months of bidding, the deal was struck. Canwest Global Communications Corp. agreed to sell its publishing division to a group of unsecured creditors who have appointed National Post president and CEO Paul Godfrey as the new company’s chief executive. So now there is some certainty. The secured creditors get their money. And once the new company emerges from creditor protection, it plans to sell the papers in what is called an initial public offering (IPO) as early as this summer. What’s uncertain is how many of the papers, including the Vancouver Sun, Edmonton Journal, Ottawa Citizen and Montreal Gazette, will stay together, and whether the new owners will be more inclined to cut costs or invest in content. It’s also unclear who might emerge to buy specific papers in the chain such as the Windsor Star or Vancouver Province once the papers are on the open market. And we don’t know what kind of journalism will emerge as we enter a new era when newspapers, or “news organizations,” as Chris Waddell chooses to call them, fight to stay relevant, re-invent themselves and still make money. The director of Carleton University’s school of journalism has been watching, studying and commenting on the developments at what is still the country’s largest newspaper chain. Waddell shared some of his insights with Media magazine. The following is an edited version of our conversation. Media: What are we to make of these 20 Chris Waddell developments? Waddell: When the banks took over CanWest, they had no interest in hanging on to it for a long period of time. They just wanted to get their money back that they loaned to CanWest. So they were looking for someone who came along with the most cash and take over the company. They found them with this group of hedge funds. They have some of the same debt problems that, potentially, CanWest had when it was running the company. We won’t know the details until we see how the deal is structured. Media: And the new owners will try to raise money by going public? Waddell: They were unsecured creditors. So had the whole thing collapsed, they would have got nothing out of it. They bought the company. They’ve asked Paul Godfrey to be in charge of it. They will restructure and then issue an initial public offering (IPO). So they will put the company out on the stock market. And their hope is that in that listing, they would get back the money they had borrowed, potentially the money they had lent CanWest initially, and maybe some profit. Whether they’re able to do that will depend on what they’re able to price the shares at when they decide to go to the market. What the general perception of media is at that time and the general perception of the economy. So what it means is that they could hold on to the company for a while and not do an IPO. There’s been some suggestion that they could do it as quickly as this summer. Some of it may also depend on the terms under which they borrowed the money to buy the CanWest properties in the first place. Media: Will they hold on to the National Post? Waddell: There are some core elements to this company: the National Post, the Montreal Gazette, the Ottawa Citizen, Edmonton Journal and Calgary Herald and Vancouver Sun, and maybe the Vancouver Province, most of the major media markets in the country with the exception of Winnipeg and Atlantic Canada and Saskatchewan. They also own the Windsor Star, but were they to put that on the market you could easily see the Toronto Star be interested in purchasing that. They (TorStar) have the Toronto Star, the Hamilton Spectator, and the Kitchener-Waterloo Record. So you can see them trying to expand their Metropolitan city newspaper empire into Southwestern, Ontario. The other group of assets that might be put on the block at some point is a group of community newspapers that CanWest owns, largely in the Lower Mainland of British Columbia. And that could be an attractive purchase for David Black, who is a regional newspaper owner. It could also be a purchase for TorStar through its Metroland newspaper division. And there are other companies that have community and weekly newspapers that might be interested. At the moment, Mr. Godfrey has indicated that he wants to keep the whole company together, the question he has to calculate is, are those individual assets worth more being sold separately. Media: So it will strictly be a business decision? MEDIA Waddell: Sure, the people who bought the papers want to get their original money back. You do a buyout where you borrow money to do the buyout. You organize things, and then you sell and hope you make more money selling it to the market than it cost you to buy the assets in the first place. Media: And what do we know about the owners? Waddell: Not very much. They’re hedge funds and a bunch of other money people, who don’t have a long-term or vested interest in the newspaper business. It’s all about money and business. Media: And of course, TorStar was also interested. Waddell: Having the Toronto Star buy this would have raised some very serious policy questions, or should have raised serious public policy questions about whether one newspaper can actually own all the newspapers in Canada. They also own 20 percent of CTV Globe Media. And I think there’s a pretty good public policy argument to suggest that that’s not a good public policy. Media: So what does all this mean for the journalists at CanWest? Waddell: We don’t know that either. It depends on how they decide they want to structure the organization. At the moment, I think it’s fair to say that CanWest made a couple of serious mistakes. They centralized as much as they could so that everything they could take and run centrally they ran centrally. Publishers had less and less control over what was in their papers, and less ability to shape the nature of the papers to respond to their local communities. One of the things that will be interesting to see is whether under Mr. Godfrey, the individual papers and publishers are given more flexibility and more control to shape their own papers. Let’s say the head office says ‘you have to do some budget cutting.’ One way to do that is to tell the publisher of paper X, you have to cut X number of dollars in your budget. The other way is to say ‘you have to cut X number of dollars from your budget and you’ll do that by reducing three sports reporters, two arts reporters, three people who run the front desk and two other people.’ That takes away the ability of the publisher to say ‘when it comes down to it, our community is much more interested in the arts than they are in sports. So we can take a bigger hit in the sports section, SUMMER 2010 but we really want to keep the arts section going.’ So that centralization was a huge problem. So we’ll see whether Mr. Godfrey gives individual publishers more ability to shape their news organizations, because we know that they are much broader than just producing newspapers. And they want to be much broader than that. The second area where CanWest made a big mistake was the centralization and giving individuals no control over their websites. As a result, the websites are all the same. They all look the same. Individual newspapers have very little room to maneuver in an environment where on the web you’re trying to encourage entrepreneurship, distinctiveness, an ability to try ideas, see new and different ways to tell stories. This is a chain of 11 daily newspapers, and there should have been eleven newspapers competing with each other to find new and interesting ways of doing things. Instead, they were all told how to do it from headquarters. So any of the interesting ideas people had, there was very little opportunity for them. And as a result, the newspapers web presence in Canada and the use of the web in Canada is significantly behind what they do in the United States. But that requires money and a commitment to content. And that’s something I don’t think we’ve seen in what has been a decade of cutting. So whether the new hedge fund owners will want to reduce their profitability by making investments in people, which allows them to produce more content, is going to be an interesting question. Media: Is there not a realization that it’s necessary to spend money? Waddell: That will be my guess. But we’ll have to see. Media: Or it may be that they rob Peter to pay Paul. That is, just take the money from another part of the newspaper to beef up content. Waddell: That’s essentially the policy that CanWest undertook and it failed. And that’s the policy that most media owners have undertook in the last few years, which is this faulty logic that you can reduce the number of people producing the news, but still maintain the same amount by displaying it across different platforms. Well, that hasn’t been a success anywhere. Media: So how are we to characterize this buyout? Waddell: First of all, newspapers aren’t dead. They’re a long way from being dead. I think they are going to evolve into being news organizations. And that means they’re going to be doing video and audio, websites, traditional newspapers, digital content. And that digital content will show up on the Internet, your computer screen, your phone or iPad or whatever it might be. The question is how much are you going to be willing to pay for that, or will you be willing to pay for that? How will you view all this content? And what can you get for advertising? The problem is we really don’t know the answers to any of those questions. But the other side of it, I think, is that people will still pay for information that they think helps them make decisions in their lives, and helps them be smarter and helps them understand what is going on in the world around them. Media: It’s almost like the Bloomberg model… Waddell:…a little bit. Media: …they figured out that if you give people what they want, they’ll pay for it. Waddell: That’s right. So… that’s why I think there’s got to be a renewed focus on content. And for the newspapers or news organizations, that may mean turning more inward again, looking to their communities for their readers, listeners and viewers. The other thing is the equipment to produce journalism has never been cheaper. It’s never been lighter. It’s never been easier to use. It has never produced better quality. It has never been easier to communicate from anywhere in the world. And all of those things suggest that there’s an interesting future ahead. There isn’t just one answer. And we’ll see lots of people trying lots of different things. Some will work. Some won’t. There’s lots of possibility for creativity. Media: That bodes well for our younger generation. Waddell: Yeah, particularly those who have a lot of the skills that are in demand these days, which is not only being able to do one thing, but a range of different things. Media: But you don’t want to be doing so many things that content suffers. Waddell: That’s right. And you’ve got to have distinctive content. Because now, the basics, like wire service you can get that stuff anywhere, anytime during the day. M 21 number, so we compiled the list and put it in chronological order. The request read: “All building standards complaints for <building address> in 2009. A detailed list is attached.” The full list, copied from the spreadsheet, was stapled to the form and then dropped into the City’s bureaucracy. Miraculously, it took less than a week for the full list of complaints to arrive and it turned out to be a goldmine. The City’s call centre records each complaint from the resident, word for word, making it more human than if a jaded bylaw officer was re- Computer-Assisted Investigation Harmful Negligence Discovering a landlord who tenants accuse of constructing slums in the nation’s capital Laura Osman and Stuart Thomson I n 2007 Erica Marx was looking for a place to live with her husband and six kids. The family settled on a town home in Ottawa’s Heron Gate community, attracted by the excellent reputation of the service and the indoor and outdoor swimming pool. The pool was particularly appealing for Erica. Most parents know how efficient they can be for tiring out rowdy kids. They moved in shortly after TransGlobe Property Management bought the properties and for a short time, the positive reputation of the previous owners still clung to the community. It took a few months for the community to really notice, but things almost immediately started to deteriorate when TransGlobe took over. Residents complained that garbage was piling up almost everywhere: in the parking garages, next to the garbage chutes, even in the laundry room. One resident showed us pictures of the garbage spilling across the floor next to the washer and dryer. “This is where they want me to clean my clothes,” he said. The outdoor pool has been empty since Erica moved in. 22 There was a shopping cart parked in its depths when we visited. Last year the pump of the indoor pool broke and went unnoticed and unrepaired by the landlord, sending five children to hospital with chlorine poisoning. The high-rises were ridden with insufficient heat complaints in the winter, residents were losing hot water in their units, and necessary repairs would go unheeded by the property management. Erica says the area has become a slum and that she doesn’t feel that her home is safe for her kids. A CBC investigation of the area brought attention to a community that was accustomed to being ignored. But the community didn’t come to us, we went looking for them. We started with a Property Standards complaints database obtained through freedom of information from the City of Ottawa. porting it. The stack was over an inch thick, and it made for great TV as the on-air reporter thumped it in his hands as he signed off. Every single complaint was available from the city, and it included the action taken by the officer assigned to it. It was a fascinating way to really dig into the story. Landlord Negligence It soon became clear that tenants of the TransGlobe Heron Gate community saw the city as their last resort when calls to the landlord went unanswered and ignored. Erica’s complaints, and those of her ENDANGERED FAMILIES: Erica Marx has lived in Heron Gate with her children for nearly three years. She says the condition of the neighbourhood is a threat to her kids. Recently, her son was given an electric shock by a broken lamp post. Even after the incident, the post was left unrepaired for over a week. MEDIA/Laura Osman The original spreadsheet included a field that listed the address and neighbourhood of each complaint made to Property Standards. We wanted to split that field so we could analyse the addresses and the neighbours separately. The file had 18,000 entries, which made cleaning it up and making it workable a daunting process. An elaborate Excel function pulled the street address out of the cell, and put it in a separate field. This allowed us to do the pivotal table that eventually gave us the story we wanted. We divided the information into three columns and assigned each neighbourhood to a ward so that we could make separate queries for the addresses, streets, and wards with the most complaints. At the top of the spreadsheet were three buildings that were all part of the same neighbourhood and, in fact, were all owned by the same company. Making Requests After we narrowed the list of complaints into one hotspot, the freedom of information requests were relatively easy to do. Each complaint had a serial MEDIA A DANGEROUS HOOD: Burnt-out cars adorn the parking lot in Heron Gate. The cars were damaged by a garage fire over a year ago, and have since yet to be removed. They have become a fixture in the neighbourhood. MEDIA/Laura Osman SUMMER 2010 neighbours, were populating the data for those most inspected buildings. On our first visit we were confronted with how large the community was, including streets of row and town homes surrounded by high-rise apartment complexes. Each building was branded with a bright blue TransGlobe Property sign. Given what we knew, it was an odd boast. We stood outside the buildings and asked residents if they could confirm or refute our data, which suggested the buildings suffered an unusual number of interior damage and insufficient heat problems. The residents said our data represented only the tip of the iceberg. Most of the people we spoke to were new Canadians who lived in the area with their families. Some didn’t even know appealing to city by-law was an option. They described the stench of unattended garbage, rashes from bed bugs, mice infestations, and freezing cold apartments. Finding Sources We had more stories from residents than we knew what to do with, but not a single resident was willing to put her name on the record. We visited the property regularly for a week-and-ahalf, collecting stories from residents who weighed up their frustration with their fear of being evicted or persecuted for talking to reporters. In every case fear won out. Housing advocacy groups were also unable to help us. They passed out our contact information to residents, but no one made a call. We moved our search for residents from the ground to the web. YouTube videos of the apartments showed elevators without sensors that would close no matter what, or who, was standing in its path. They also showed other signs of disrepair like overflowing garbage cans and security doors that did not close or lock. It was online that we found Erica, who had done an interview with a local Ottawa online publication about a community advocacy group’s work in the area. We looked her up in the phone book and arranged to meet her at her home in Heron Gate. Erica was the first resident we spoke to who would go on the record with her story. She told us about the electric shock her son had received from a lamp post in one of the common areas behind her home. The post had toppled over and the wires were exposed in the hole where it used to be buried. The next day, another boy got a shock from it. Erica complained to the landlord for four days and when the lamp post still wasn’t fixed she called the city which issued a work order to fix the post right away. The company severed the electric connection to the post the next day, but left the broken lamp on the ground. Later, the company came back to salvage the light bulb. Erica’s involvement with the community advocacy group, ACORN, opened up a new avenue to tenants who were willing to talk. We contacted the group who connected us with two more tenants who were willing to go on the record. The first was France Phidd. She invited us into her apartment building to see the damage first-hand. We documented images of garbage, broken elevators, holes in the ceilings, and broken doors and lights. What we couldn’t document was the sweltering heat in the corridors – the furnace was running full steam while the weather warmed outside to 10 23 The Investigation Nabbing sources was the most challenging aspect of reporting this story. Using social media was our saving grace. Websites like Twitter and Facebook allow people a public forum to talk about the things the affect their day-to-day lives. Handily, both websites provide search tools. Simply searching for keywords related to your story will give you a great picture of what people around the world are talking about; and the websites give you direct access to talk to those people. ••• A data set provided us a goldmine to dig up this story. But before we could begin to interpret it, we had to clean it up. We were lucky to have a relatively well-structured spreadsheet provided to us, but it still took hours of work. Specifically, we needed to split a column of data that contained two entries, the neighbourhood and the address. We needed to interpret those entries separately, so we delimited the column by space, and combined the cells that belonged together. One column was mixed bag, containing entries for neighbourhood and address, so we used an “IF” statement to pull all of the neighbourhood entries into a different column. In plain English: if the cell in the combined column contained any of the words relating to a neighbourhood (e.g.: Old Ottawa,) put that entry in a new column. It took a few hours, but cleaning up the entry was well worth it. Having organized, structured data was the foundation of our story, and it allows us to return to the data as a reference for other housing stories in the future. BECOMING A SLUM: Tenants of the neighbourhood say TransGlobe’s willfull neglect has led the community into a steady decline. Nessessay repairs unattended by the buildings’ management include insufficient heat, water leaks, and complaints of bed bugs. MEDIA/Laura Osman degrees celcius. France ushered us into her apartment quickly, trying not to let the cool air from her air conditioner rush out. After France, we spoke with another resident who had documented all his complaints in writing and with photographs. Mid-way through our interview his wife asked that we not identify the family. They were trying to leave the complex but were depending on a positive reference from the management. She was afraid that talking to the media would earn them another year there. City Loopholes We knew our readers and listeners would sympathize with the residents, but the situation in Heron Gate was affecting Ottawa taxpayers’ dollars as well. It took more than a week to get an interview with a city by-law official, but eventually we got a call from Craig Calder (the city’s inspection database also identi24 fied the bylaw officer who had visited the premise), city by-law manager. He not only confirmed our analysis of the data, but said that the neighbourhood was a drain on his department’s limited resources. His testimony about the area revealed a loophole in the by-law that allowed a landlord to neglect tenant concerns without incurring a penalty. The by-law states that if a complaint is made, inspectors must visit the property and issue a work order if one is warranted. The landlord then has 14 days to complete repairs before the city steps in to do it for them and then sends the landlord the bill. Repeatedly ignoring the work orders could land owners with a fine. But TransGlobe almost always grudgingly complied with orders, meaning by-law had visited the property hundreds of times; the landlord completed repairs it should have been doing in the first place. City councillors seem to recognize that there is a problem, but they are loathe to act for fear of punishing all landlords for the transgressions of a few. Unfortunately, the public policy has not caught up with the needs of the residents, which means that people like Erica Marx are choosing to leave. “Right now I’m researching finding another place to live myself. I’ve tried to dig my heels in and try to make the place better… [but] I realised that it was ineffectual and that I wasn’t able to make any changes that way,” she said. Fines may not be taking a toll on TransGlobe’s pocketbook, but there are other consequences for neglecting your residents. The complex is emptying quickly, and some residents now say it is becoming a ghost town. M Laura Osman and Stuart Thomson are Ottawa-based freelance investigative journalists. MEDIA ••• A DETAILED INVESTIGATION: Discovering the treatment of tenants in the TransGlobe community required the use of skills that are new to the world of journalism, as well as old fashioned on the street reporting. France Phidd (above), a TransGlobe resident, gives Stuart Thomson a tour of the damage in her apartment as it falls into disrepair. MEDIA/Laura Osman SUMMER 2010 Our online presentation was crucial. And for that we turned to Lucas Timmons, who packaged the story on the web for us. He talks about the power of the interactive web. “This story is powerful, and stirred up a lot of emotion. I think that by presenting the story as we did online made it much more powerful. We were able to use the tenants’ own voices to describe their living conditions. The pain and disappointment in their voices came across in a way that plain text can’t express. Having photos from their apartments run at the same time really underlined the suffering these people had gone through. We hear about horrible news all the time and I think we’ve become desensitized to it. To actually be able to see these people and hear their stories goes a long way to understanding what they are going through. And with radio I find that you can’t always get the whole story out there. This allowed us to show the city’s and TransGlobe’s response in full in addition to the tenants’ stories. It really was a good balanced report.” 25 The Fine Print A Serious Message to Bloggers The Supreme Court of Canada says they better work hard to get it right Court References Grant ruling Dean Jobb C anada’s highest court has elevated bloggers – the serious ones, at least – to the level of mainstream journalists. And this is good and not-so-good news for bloggers, because with rights come responsibilities. In December the Supreme Court of Canada created a new libel defence, responsible communication on matters of public interest. In essence, it offers “no-fault” protection from libel lawsuits for those who publish reports on important issues, even if facts or allegations turn out to be wrong and someone has been defamed in the process. The court deliberately chose the name “responsible communication” instead of “responsible journalism” to signal that the defence applies to “anyone who publishes material of public interest in any medium,” not just journalists working for traditional news outlets. This is not a seismic shift in the law. Posting comments on a blog or other online forum that damages someone’s reputation has always carried the same risk of a libel suit as printing them in a newspaper or broadcasting them on radio or television. But this still comes as a surprise to some in the social-media crowd. A poll conducted last fall found more t han one-quarter of Canadian respondents had no idea they were legally responsible for libelous material distributed through networking sites such as Facebook, MySpace and Twitter. The Supreme Court has little interest in what you tweet or share with your Facebook friends. But it does see the need to offer some legal protection to online reports on issues of public interest, no matter who makes them or how they reach their audience. In its December rulings in two libel cases, Grant v. Torstar Corp. and http://scc.lexum.umontreal.ca/en/2009/2009scc61/2009scc61.html Quan v. Cusson, the court stated the obvious: “the traditional media are rapidly being complemented by new ways of communicating on matters of public interest, many of them online, which do not involve journalists.” Blogs and other online postings, the court noted, “are potentially both more ephemeral and more ubiquitous than traditional print media.” ing regard to the injury to reputation that a false statement can cause,” she wrote. “People in public life are entitled to expect that the media and other reporters will act responsibly in protecting them from false accusations and innuendo.” First, a blogger will have to establish that posted information deals with a matter of public interest. The court’s definition of the public interest is broad, including Cusson ruling http://scc.lexum.umontreal.ca/en/2009/2009scc62/2009scc62.html Defamation Law Blog http://defamationlawblog.wordpress.com Were steps taken to verify the information? Are the sources solid and trustworthy? Was an effort made to report all sides of the story and to interview the person defamed? Those sound a lot like the elements of good journalism. They are, and bloggers will be held to these standards. Chief Justice Beverley McLachlin, who wrote both rulings, could find no rationale for excluding bloggers and other online commentators simply because they lack a journalism degree or the backing of a newsroom. “These new disseminators of news and information should …be subject to the same laws as established media outlets.” Time for the not-so-good news. McLachlin says these newcomers will be held to the same standards of accuracy, fairness, thorough reporting and ethical conduct as mainstream journalists. “The press and others engaged in public communication on matters of public interest, like bloggers, must act carefully, hav- reports that touch on politics, business, science, the arts, the environment and even religious and moral issues. The court is emphatic on one point: the public interest “is not synonymous with what interests the public” and does not include “mere curiosity or prurient interest” in the private lives of public figures or celebrities. As noted at the outset, the defence is intended to protect serious bloggers dealing with serious subjects. Posts to www.politiciansareweasels or www.starsbehavingbadly are unlikely to make the grade. If a post is found to deal with a Continues on page 27 26 Continues on page 27 MEDIA Continued from page 26 subject of public interest, the blogger faces a new hurdle. A jury will be asked to assess whether the blogger acted reasonably and responsibly. Were steps taken to verify the information? Are the sources solid and trustworthy? Was an effort made to report all sides of the story and to interview the person defamed? Those sound a lot like the elements of good journalism. They are, and bloggers will be held to these standards. Matthew Nied, a B.C. law student and author of the Defamation Law Blog, thinks few bloggers will be able to take advantage of the new defence. While many are diliSUMMER 2010 gent and act in good faith, “they are generally not guided by established journalistic norms,” he noted in a January 25 post. “For example, although journalists will generally make a point of seeking the plaintiff’s side of the story and speaking directly to witnesses and experts, non-journalist bloggers – who are generally unpaid for their efforts – will rarely have the time, resources, training, or willingness to do so.” Putting in the extra work needed to unearth and verify information would make blogs better, and that’s what the Supreme Court is encouraging – good journalism, no matter who’s tapping the keyboard. The standards by which journalists and non-journalists alike will be judged will evolve over time, the court acknowledged, “to keep pace with the norms of new communications media.” But fairness, balance and thorough, original reporting on matters of public interest will remain the starting point for any assessment of what’s considered responsible communication, online and off. M Dean Jobb, author of Media Law for Canadian Journalists (Emond Montgomery Publications), is an associate professor of journalism at the University of King’s College in Halifax. He can be reached at djobb@dal.ca. 27 Legal Update Was the high court’s ruling in the Andrew McIntosh case a bad day for journalism? ...Not really Dean Jobb T he next-day headlines focused on the Supreme Court of Canada’s refusal to give journalists the constitutional right to protect sources, but they didn’t tell the whole story. There’s good news for journalists in the court’s May 7 ruling (R. v. National Post, 2010 SCC 16) in the case of the National Post, its former reporter Andrew McIntosh, and the possibly forged document at the heart of a nine-year legal battle to protect a source. Chances were slim that the court would grant blanket protection to the relationship between journalists and sources. The law treats the information passed between lawyers and their clients as “privileged,” but not even medical records or a confession to a priest enjoys this kind of hands-off treatment. It was possible the court would 28 It was possible the court would make it tougher to unmask sources... but that argument was rejected – it remains up to the journalist to show that a source is worthy of protection. make it tougher to unmask sources, and require those seeking to identify a source to prove that a promise of confidentiality should be ignored. But that argument was rejected – it remains up to the journalist to show that a source is worthy of protection. The court did find that journalists like McIntosh – who promised to protect a key source behind his so-called Shawinigate investigation into former prime minister Jean Chrétien’s business dealings – can claim the right to protect a source on a case-by-case basis. The crucial factor is whether protecting the source is more important than ensuring crimes are properly investigated or that a court hearing a criminal case or lawsuit has access to the information needed to ensure justice is done. MEDIA In McIntosh’s case, eight of nine judges found it was more important to try to find out whether a bank document the source leaked to McIntosh was a forgery, designed to implicate Chrétien in a conflict of interest. The RCMP wanted to test the document for fingerprints or traces of DNA that could identify who created or leaked it. Even though the court acknowledged these forensic tests may fail, it authorized the police to seize and examine the document. While this is bad news for McIntosh and the Post, here’s the good news for the rest of us: § Justice Ian Binnie’s majority ruling recognized the “special position” of the media, given the Charter’s guarantee of freedom of the press, and said judges should strive to “protect the media’s secret sources where such protection is in the public interest.” § The court accepted the media’s position that confidential sources play a crucial role in news coverage, especially investigative journalism. “Unless the media can offer anonymity in situations where sources would otherwise dry up, freedom of expression in debate on matters of public interest would be badly compromised,” Binnie said. “Important stories will be left untold.” § Investigative journalism plays a vital role in addressing the “democratic deficit in the transparency and accountability of our public institutions” the court noted, shining “the light of public scrutiny on the dark corners” of public and private institutions. § Justice Binnie identified a number of important stories that came to light thanks to confidential sources or whistleblowers, including the tainted tuna scandal, secret commissions paid on Air Canada’s purchase of Airbus jets, and concerns over restaurant inspections in Toronto and illegal slaughterhouses in Ontario. Without “the free flow of accurate and pertinent information” on such issues, he wrote, “democratic institutions and social justice will suffer.” § The ruling also recognizes that, when a reporter gives an assurance of confidentiality (usually after consulting an editor), journalists’ professional ethics demand that the promise be SUMMER 2010 kept. Judges should be hesitant to cite journalists for contempt if they refuse to identify a source, the court said, and endorsed the Ontario Court of Appeal’s 2008 decision to wipe out a contempt finding after Hamilton Spectator reporter Ken Peters refused to testify about his sources. § The court drew a distinction between the National Post case, which involves a search warrant to seize a piece of physical evidence, and future privilege claims to protect whistleblowers or infor- The court did find that journalists like McIntosh – who promised to protect a key source behind his so-called Shawinigate investigation into former prime minister Jean Chrétien’s business dealings – can claim the right to protect a source on a case-by-case basis. mants not suspected of wrongdoing. That could bode well for the court’s ruling, expected later this year, on whether Globe and Mail reporter Daniel Leblanc can shield a key source behind his investigation into the federal sponsorship scandal. Another factor in the ruling was whether people other than journalists should be entitled to protect sources. The court was concerned that the definition of journalist is expanding in the Internet age, allowing people to exercise their right to freedom of expression “by blogging, tweeting ... or publishing in a national newspaper.” Granting a blanket right to protect sources to “such a heterogeneous and illdefined group of writers and speakers and whichever ‘sources’ they deem worthy of a promise of confidentiality and on whatever terms they may choose to offer it ... would blow a giant hole in law enforcement and other constitutionally recognized values such as privacy.” There’s another problem – not all journalists or media organizations agree on when sources should be protected or whether the duty to protect evaporates if the source lies or misleads a journalist. “There is no formal accreditation process to ‘licence’ the practice of journalism, and no professional organization (such as a law society) to regulate its members and attempt to maintain professional standards,” the court noted, making a system of blanket source protection impossible. The National Post ruling applies across the country and creates a legal structure for determining when Canada’s courts should protect journalists’ sources. Privilege claims will be considered on a case-by-case basis and journalists will have to demonstrate it’s more important to protect than expose the source. And when the claim is tied to a source accused of a crime or with information that could help solve a crime, it will be harder – but not impossible – to shield the source. The court also avoided setting a precedent that could allow sources to manipulate the media while hiding behind a promise of confidentiality. “A source who uses anonymity to put information into the public domain maliciously may not in the end avoid a measure of accountability,” the court noted, citing the case of a White House official who leaked information to The New York Times in order to attack a critics. “The bottom line,” Justice Binnie noted, “is that no journalist can give a source a total assurance of confidentiality. All such arrangements necessarily carry an element of risk that the source’s identity will eventually be revealed.” In order words, be careful what you promise – and make sure the story and the information are important enough to justify the risk. M Dean Jobb is an associate professor of journalism at the University of King’s College in Halifax and author of Media Law for Canadian Journalists (Emond Montgomery Publications) 29 Computer-Assisted Reporting Making it harder to obtain government data Some departments are failing in their duty to help journalists Fred Vallance-Jones T he Harper government is taking its control freakishness to new levels as officials have found a new way to shut down access to electronic data under the Access to Information Act. A quiet battle is underway that, if the government wins, is going to put us firmly back into the paper and pencil days. It hasn’t gone smoothly, but journalists have been obtaining data from federal departments since the mid 1990s. Occasionally institutions would make the case that computerized information didn’t meet the definition of a record under the act, but once reminded of the actual definition, they’d back off. Other arguments would be offered, as they are in other cases, but eventually a disk would land on the reporter’s desk. Fast forward to 2010, and it seems we’re back to 1990. I’m getting reports from several journalists who work with electronic records that institutions across government are responding to requests for data by releasing data printouts on paper or by converting spreadsheet tables or database reports into image files before releasing them. Often no explanation is provided; it’s just done. Even those of you who don’t work with data all of the time will have guessed that you can’t analyze a paper or image file with a computer. The whole point of asking for electronic data is to be able to analyze the data, to find stories that will help shine light on the operations of government. I expected to get some sort of explanation when I contacted the Treasury Board Secretariat about this. I was writing a chapter for a book on freedom of information, and I wanted to mention this developing issue. But the officials at Treasury Board didn’t have much to say. 30 The new normal when it comes to media relations in Ottawa is that the people who used to talk to reporters now communicate by memo and email. Requests for information are met with a standard, “can you send me an email on that” response. This is usually followed by a period of silence, before the “answers” arrive by return email. The results usually look like they’ve been produced by a committee intent on squeezing out every last morsel of meaning. The whole point of asking for electronic data is to be able to analyze the data, to find stories that will help shine light on the operations of government. That’s the kind of sanitized pablum I received from Treasury Board when I had the temerity to ask about this trend in releasing electronic information as pdf images, or on paper. I’m going to spare you the details, but I’m going to try to translate. The essence of what Treasury Board told me is that government officials now feel they have discretion as to whether they will honour a request for electronic records. In other words, they are reserving the right to release the information in whatever form they like. It doesn’t matter, it seems, that the records exist in their native form in electronic format. If officials don’t want you to have the information in that form, they’ll just convert the records to some other format and give you that instead. One of the justifications being given for this is the wording of the duty-to-assist clause added to the Access to Information Act by the Harper government as part of the Accountability Act, and the associated regulations. On the surface of it, the clause places a duty on bureaucrats to help you in any way they can, and to provide the records in “quote format wording.” But the catch is that this duty is to be further defined by the regulations. A careful reading of the regulation shows that it is clear that if a record exists in a particular format in an institution, the institution must release it to you in that format. But it’s easy to see the yawning loophole here. Format is undefined. So is a computer record, contained in a database, a record in a format that can be released? Anyone who works with electronic records would understand the generic meaning of “electronic format” as compared to “paper format.” Copying from a database to an Excel file, for example, maintains the record in electronic format. So asking for release in Excel, Access or delimited text doesn’t change the essential characteristic of the record as a collection of bits and bytes. But I’ve already had one department make the case that the record doesn’t begin to exist in a format until officials have exported the data from the database. So whatever format they decide to create is the one that already exists in the department. Once it doesn’t exist in the format you MEDIA ask for, officials can rely on the provisions in the regulations of the duty to assist clause that allow them to exercise discretion on whether to convert the record to the format you want. So here we have a clause that has been advertised as a step forward for access being used by officials as justification to turn back the clock. Now before we come to the conclusion that this is all a ploy to stop the release of electronic information—which can be analyzed, sliced and diced to reveal all sorts of hidden truths—let’s consider the possibility officials are just covering their rear flank. Treasury Board did, after all, issue a memo in the fall of 2007, telling departments to stop releasing information in electronic form unless they could be sure any information severed because it could be exempted stayed severed. A department had messed up when it released some paper records in scanned electronic form. Sensitive information the department thought it had blacked out could be recovered. The information was material that legitimately should be severed, and I am told officials went ballistic when they discovered it had been accidentally disclosed. Hence, the directive on electronic records. Release at your peril. Most departments, for perfectly legitimate reasons related to productivity, have started to use systems that allow records to be processed on a computer screen and released as image pdfs on disk instead of on paper. Of course, the image pdf files so created are static, so anything removed stays removed. And departments seem to have decided that all records should be processed this way, even records that start out in databases. The fact that converting electronic records to image pdfs torpedoes the ability of journalists to do important stories in the public interest is just a coincidence. Collateral damage as they say in warfare. I see a big collision coming. This one is headed to the Information Commissioner, in fact I know of complaints that have al- ready been filed. After that, I wouldn’t be surprised if this ended up in the federal court. I would argue it is the commissioner who should take it there if the issue isn’t resolved at the complaint level. A fundamental principle of democracy is at stake here. Access to Information legislation, the purpose of which the Supreme Court has said, is to facilitate democracy, isn’t much use if officials can invent new reasons at whim to frustrate the people who use the act in the name of that democracy. I say enough. M Fred Vallance-Jones is assistant professor of journalism at University of King’s College in Halifax. His research interests include access to information in Canada. Government officials now feel they have discretion as to whether they will honour a request for electronic records. In other words, they are reserving the right to release the information in whatever form they like SUMMER 2010 31 Dateline Hong Kong 2010 A Working Fellowship for Canadian Journalists Hong Kong, Asia’s world city, is a Special Administrative Region (SAR) of the People’s Republic of China, run by Hong Kong people under the “One Country, Two Systems” principle. Hong Kong is one of the most open, externally oriented economies in the world. With China’s unprecedented economic growth, Hong Kong has been used as the gateway to the robust Mainland market. It has also served as the springboard for the Mainland companies to go overseas. Hong Kong has been rated the world’s freest economy by the Heritage Foundation and Fraser Institute. Working journalists are invited to experience Hong Kong and report on various aspects of the city by applying for the “Dateline Hong Kong Fellowship” jointly organized by the Canadian Association of Journalists (CAJ) and the Hong Kong Economic & Trade Office in Canada. Selected journalists will be awarded a package which includes a five-day visit program, business-class air travel and hotel accommodation. In Hong Kong, the journalists will have the opportunity to visit various points of interest and meet with people of diverse views and backgrounds. Neither the Hong Kong Government nor the CAJ will impose any control over or rights to the work of the participating journalists. The journalists will enjoy full editorial freedom. Each application must include a resume, and a written statement of support from the editor/producer of designed media organization to publish/broadcast at least three Hong Kong stories produced by the selected journalists within six months upon completion of the trip. The proposal can concentrate on any area of life in Hong Kong, including business, politics, infrastructural development, IT, tourism, education, culture and environment, etc. Selection of the successful candidates will be made by CAJ and announced mid-August 2010. The visit program must be completed before the end of March 2011. Application must reach: The Canadian Association of Journalists 1106 Wellington Street, P.O. Box 36030 Ottawa, ON. K1Y 4V3 by Thursday, July 30, 15, 2010 For enquiries, please contact: John Dickins, Executive Director, CAJ at email: dickens-john@rogers.com or Stephen Siu, Assistant Director (Public Relations), Hong Kong Economic & Trade Office, at (416)924-5544 or email: stephen_siu@hketotoronto.gov.hk Inside the numbers Kelly Toughill J ennifer Figge swam across the Atlantic Ocean last year. The 56year-old American dragged herself onto a beach in Trinidad roughly a month after paddling away from the Cape Verde Islands near Africa. Her amazing story was covered by hundreds of newspapers around the world and inspired an almost universal reaction among readers: “That’s unbelievable!” Yes, it is. That’s because it wasn’t true. We often mess up number-based stories because we fail to heed our own good instincts. If a story doesn’t feel right, or doesn’t pass the ill-defined “smell test,” we automatically dig deeper – unless it is a number story. Here’s a quick tip sheet on how to check the numbers in a story if your instincts tell you something is wrong. Most of the time, your hunch will lead you to an error of credibility, correlation or calculation. Credibility: Where did the number come from? Sources spout numbers all the time and sometimes people just make them up. Find out how your source got that number. Is he or she really in a position to know? It isn’t just spin doctors who offer up suspect data. Well-respected organizations sometimes repeat numbers that they honestly believe are true, but aren’t. Take the Ontario Medical Association. It put out a position statement in 2004 that repeated the well-known fact that secondhand smoke is 23 times more toxic in an automobile. This spring, two Australian researchers tried to trace the science behind that claim. Writing in the Canadian Medical Association Journal, Ross MacKenzie and Becky Freeman, of the University of Sydney School of Public Health, say that the “23 times” figure did not come from research, but from a lobby group in Denver, Colorado. It was first published in the Rocky Mountain News and then widely repeated, even in reputable medical journals. Correlation: The maxim is that correlation does not equal causation. Just because two numbers rise or fall in tandem does not SUMMER 2010 mean that one causes the other. Take the much-heralded study of Toronto’s restaurant smoking ban. Researchers found that hospital admissions for heart conditions dropped 39 per cent after smoking was banned in Toronto restaurants, and hospital admissions for respiratory conditions dropped by 33 per cent. It’s an incredible statistic, and a heartening one. A simple change in public policy saved four in every 10 potential heart patients in Toronto hospitals. But did it? How did hospital admission rates change in areas where there was no smoking ban? The researchers looked at that, but didn’t publish that portion of the findings with their paper. It was only available in an online appendix. The appendix shows that hospital admissions for many heart and respiratory ailments also fell in Durham Region and Thunder Bay during the study period – even though neither area had imposed smoking bans in local restaurants. Michael Siegel is a professor at the Boston University School of Public Health. He analyzed the raw data in the appendix to the Canadian study and found that the rate of heart attack hospitalizations in Toronto and Thunder Bay both declined by exactly 28 per cent during the period. The decline in angina hospitalizations in Toronto and Durham were also almost identical, at 59 and 60 per cent. When looking at correlation, think about what else might have caused the trend. In the case of the hospitalization story, could it have been changes in available medical treatment, such as new drugs to manage illness at home? What were pollution trends like at the time, and could they have affected the rate of respiratory disease? Correlation stories are tricky, because causation is hard to prove even when it does exist. The tobacco industry dismissed the correlation between smoking and lung cancer for many decades, saying there was no definitive causal link between the two. Of course there is a link, and even the tobacco industry now admits that. When presented with a correlation story, look for a valid comparison to prove the theory, and think about what else might have caused the trend. It is unlikely, for example, that an increase in the number of police officers will quickly affect crime rates. It is unlikely that the election of a new provincial government will quickly affect the provincial economy. When presented with a correlation story, rely on your common sense. Calculation: This is the easiest type of error to spot and fix. When there is a number in a story, check it. When there is a calculation in a story, check it. Let’s look at the case of last year’s baby boomer superhero, Jennifer Figge. She left Cape Verde Islands on Jan. 12 and landed in Trinidad on Feb. 7. Her journey took 27 days, and she told reporters that she swam up to eight hours a day. The distance between the Cape Verde Islands and Trinidad is 3,380 kilometers, so that means Figge swam 125 kilometers per day. If she swam for eight hours each day, that is 15.7 kilometers per hour. That’s pretty fast. Those who don’t swim might want to compare Figge’s pace to worldrecord holders. The current world record for the men’s 100-meter freestyle sprint is 47 seconds, a pace that translates to 7.7 kilometers per hour. That means Figge swam twice as fast as the world-record holder, and she did it for eight hours a day. In other words, she didn’t do it. Yet the story ran in hundreds of media outlets around the world. It didn’t take long for readers to point out the error in the story. The corrections began on Feb. 9, and sparked many explorations of why people exaggerate their claims to the media, and how shameful that is. The corrections didn’t spark much exploration of the media’s role in this ruse. Sixty seconds with a calculator would have proven that Figge’s claim was fantasy and killed the story before it ever ran. So the next time you are presented with a story that sounds unbelievably terrific, check the numbers behind the news. Is the data reliable? Has your source misconstrued the cause of a correlation? Whip out that calculator and do the math yourself. Kelly Toughill teaches journalism at the Uni- versity of King’s College. 33 third year. Using the Internet as a tool Using Google can be better than hiring a private eye. And cheaper, too. Strategies for tracking down sources online Lucas Timmons W ith investigative journalism, especially when the topic is sensitive, finding sources can be hard. Some people don’t want the truth to come out. Others are scared of the repercussions if they speak. With the Internet and today’s culture of speed over accuracy, what I’ve found is a lot of distrust towards the media. People are scared to talk, or give information. How then, do you find people when no one will talk to you? Online search tools make finding someone much easier, even when no one will talk to you. The method described here took me less time than it will probably take you to read how it was done. Don’t use this as a step-by-step guide, but rather a framework in which you can operate. I recently worked on a series of gun stories during an internship at the CBC. The RCMP was confiscating weapons that owners had legally held for years. We needed some visuals of an owner with this weapon for television. We were looking for his or her side of the story. Are these guns dangerous? Is the seizure of the weapons warranted? The only problem was finding an owner. I started with the traditional methods. I hit the phones, calling the company that sold the weapons, local gunsmiths, range workers and even the National Firearms Association. None were able to help. The NFA couldn’t find a gun owner who was willing to come forward. 34 The company that sold them refused to talk. And with only 39 of the weapons out there, no one at the gun ranges in Ottawa had seen anyone with the weapon. If I was going to find an owner, it would have to be done online. A local gun owner, who had never seen the gun I was looking for pointed me to an online forum for gun enthusiasts called Canadiangunnutz.com. Everyone I contacted on that forum was reluctant to talk, and it wasn’t long before I had my login and ability to read the posts banned. The issue was not only a distrust of the CBC, but the forum members felt like I had invaded their niche. Online search tools make finding someone much easier, even when no one will talk to you. Sending private messages failed. In hindsight, I would recommend first sending a public message explaining who you are and what you are looking for. If that doesn’t work, then it’s time for a new strategy. The search begins The weapon I was looking for was a Chinese-made bullpup rifle. Starting at the company’s website, I found an even better description of the weapon I was looking for. Using Google Chrome as my web browser made things signifocantly easier. Chrome can translate pages for you as you search. So finding information on products from foreign markets is significantly easier. From the company’s website I matched a picture of the gun with the following text: 轻武器,步枪,自动(简称97式) (translated it means: Light weapons, rifle, automatic (i.e. type97)). I used the Chinese text as my first search term. That search gave me different results in Chinese than the search I did in English. Finally, I was getting new information. But I was still far from my goal of finding a Canadian owner. Google turned up unexpected results in the form of Youtube results. They displayed a few videos at the top of my search results. After going through the search results, I looked at the videos on Youtube. For every video, there are related videos that Youtube suggests. Using those related links of the first video I checked, I was able to find four or five more. Each time I would check the uploader’s user profile to see where they were located. After a few minutes, and watching a lot of gunfire I finally found someone in Canada. His name was TooTallDean, and he was based in British Columbia. I suspected that once I contacted him, he would make the videos private or remove them from Youtube, so using an extension (a special plugin that you have to download) available for Chrome (It’s available here), I downloaded both videos of him with the weapon and saved them to my computer. There are extensions for Firefox that will do the same thing. This was MEDIA important. Had I neglected to save the video, I would have been unable to see it again. And since he refused to go on air, I wouldn’t have any visuals for TV. There was no more information I could get about his location or real name from his other videos, but I had a good start. For convenience, I’ve noticed that most people try to keep the same username for most things on the web. For example, I use lucastimmons as my gmail, my youtube and my Twitter accounts. My suspicion was that TooTallDean probably does the same. This is the one of the great truths of human behaviour and personal privacy. As a good researcher, you will notice that despite privacy concerns, people generally use the same identifier, even if it is an alias, for everything online. A Google search of TooTallDean brought me to a different firearms enthusiast website called Cast Boolits. TooTallDean’s profile said he was from Langley, BC. I went back to Google and a search of “TooTallDean” and “Langley” brought me to a Photobucket account for TooTallDean. Photobucket is a site allowing users to upload photos to share with their friends and anyone else who is curious. Searching through his pictures online, I came across a picture taken of him and Prime Minister, Stephen Harper. Dean was wearing a nametag with his last name. Unfortunately, the low resolution of the photo made reading the name impossible. It was too blurry for a full read, but there was no doubt his last name started with an “R” and ended with a “Y.” Armed with this new information, and the fact he was an amateur photographer, I returned to Google again. Using the search terms, “TooTallDean Dean” “R” “Langley BC”, I found a modeling website that featured a photography resume of a Dean Roxby. I was there. Success! But I needed to be sure. Confirming success Going through Dean’s photographs I was able to match up a photo from the Dean Roxby page with the TooTallDean Photobucket page. I had found my man. I had it confirmed. All that was left was to find him using Canada411.ca. SUMMER 2010 But it wasn’t over yet. Since I had been saving the videos, pictures and links as I went through them, I wanted to double check everything. Using Photoshop I opened the picture of Dean with the Prime Minister. Using the photo’s EXIF metadata, I found out when the picture was taken. Looking at the public schedule for the Prime Minister that day, I figured out where the picture was taken: At a fundraising BBQ. Next, I tried to find out if the CBC had any video of the event. As it was a fundraiser BBQ, I also checked to see if he had made any political donations to a federal party using the elections Canada database. At the end of the day I had found two videos of a man with this weapon. Using the username from the videos, I found links to his hobbies that led to finding his real name. I had pictures and video of him, with the weapon, and with the Prime Minister. I had his phone number and his home address. Name: Dean Roxby Hometown: Langley, BC Alias: TooTallDean Interests: Firearms, photography Political affiliation: Conservative Address & Phone number Visuals: Photos with weapons, videos of the weapon and subject firing it Audio: Narration of video of weapons and gunfire sounds Saving the information was a big help, too. After talking to him, he quickly made his profiles private and removed the videos. But I still had them on my hard drive. This effort was well worth the time. The information I found allowed for two online stories and two national radio pieces. The stories generated furious debate, more than 1,600 comments and tens of thousands of pageviews. All this information is available on the Internet. A lot of people don’t even know how much is out there. A good reporter can dig deep and find it. Hopefully, this example has inspired some investigative work of your own. It doesn’t have to take a long time. This search took a matter of minutes. It was well worth the effort. M Lucas Timmons is a freelance multimedia journalist and web producer at the Edmonton Journal. He can be contacted by email at lucas@lucastimmons.com, through twitter @lucastimmons or at www.lucastimmons.com. FINDING YOUR MARK: People often use the same username for many of their online accounts. Every account can help you track down your source. TooTallDean was wearing a nametag in a photo of his family and Prime Minister Harper, which he posted on his photobucket account. Photobucket 35 Ethics Fumbling toward open ethics Central to the distinction between closed and open ethics is who has the power to control and shape the discourse Stephen J. A. Ward T he shape of a future journalism ethics is slowly emerging from the shadows of the once dominant professional ethics that was closed to meaningful participation by citizens. Journalism ethics is fumbling toward what I call an “open journalism ethics.” The advent of new media is making citizens and non-professional journalists intrinsic parts of a global ethics discourse. Whatever the content of a future journalism ethics will be, ethics practice – the way that ethics is discussed, monitored and enforced -- will have the characteristics of an open ethics. Consider an example of this open public sphere for ethics. When columnist Jan Moir for London’s Daily Mail wrote a homophobic column about the death of Boyzone singer Stephen Gately the column sparked a campaign on Twitter and Facebook, resulting in 22,000 complaints to the UK’s Press Complaints Commission (PCC) in a single weekend. Jan Moir’s name ‘trended’ on Twitter. A group page created on Facebook to call for a retraction of the column also published contact details of brands advertising in the Daily Mail alongside Moir’s article. Sample text was provided for group members who wished to complain to the Daily Mail’s editor, Paul Dacre. Ultimately, a critical public spotlight was shone on the PCC’s “closed” approach to this case, as an in-house professional matter. In open ethics, both professional and non-professional journalists participate in the evaluation of practice and principles. Open ethics is a citizen-based discourse that runs along the sinews of overlapping communication networks. The ethics discourse is less orderly, sometimes anarchic. It is also more inclusive, less hierarchical, more transparent, and global. Closed and open ethics Central to the distinction between closed and open ethics is who has the power to control and shape the discourse. An ethics OPEN ETHICS: A homophobic column by Jan Moir for London’s Daily Mail sparked a huge online reaction, including a Facebook group calling for her resignation. Open ethics makes both professionals and nonprofessionals part of the discussion. 36 discourse is closed to the extent that it places significant restrictions on two things: (1) the “intended users” of the standards and principles, and (2) who gets to participate in the on-going discourse about the standards and principles. A closed ethics is a set of standards for the guidance of a small number of intended users – members of a relatively small group of practitioners. In contrast, an open ethics sees the standards as providing guidance beyond the group – potentially to all of society. A closed ethics restricts who participates in two ways – who gets to participate in the discussion, and who participates in decisions based on that discussion. For example, the Canadian Association of Journalists could invite public input into a project to reform its existing codes of ethics, but only CAJ members would be allowed to vote on final recommendations. An open ethics does not consider the boundary between the professional and non-professional members of a practice to be absolute. To the contrary, it regards the meaningful participation of non-members in ethics discourse to be necessary and important. Journalism ethics as closed Historically, the great wave of professionalism that began in the late 1800s adopted a closed ethics model. Ethics was an “in-house” affair. The ethics of lawyers, doctors, and accountants consisted in codes of ethics that were intended primarily for the doctors, lawyers and accountants. Discussion of ethics was restricted in large part to professional journals and conferences. Enforcement of the code was carried out by a disciplinary body of fellow lawyers, doctors or accountants often meeting privately. Journalism followed this pattern. When the early journalism associations declared MEDIA journalists to be professionals, “professionalism” meant adherence to a code of ethics intended primarily for the guidance of a small but clearly defined group of intended users -- professional journalists working for large newspapers and broadcasters. Norms such as objectivity and independence placed a normative barrier between journalists and external influences. Journalists would self-regulate their practice. Not surprisingly, then, most journalism ethics discourse over the years has been “in-house” – occurring in ethics journals aimed at journalists, or debated at conferences aimed at journalists. Of course, across the 20th century and into this new century, there has been a trend to make journalism and its ethics more open. First there were press councils and ombudsman. Then there was much talk of “accountability mechanisms” and editorial transparency. By the late 1990s, interactive forms of media allowed newsrooms to start asking – incessantly – for audience feedback to programs. Yet all of this amounted to only a gradual extension of public participation in ethics discourse. Many of the mechanisms, such as press councils, were based on a closed model where the public were allowed to register only specific complaints about specific reports. Even when newspapers such as The New York Times investigated scandals of fabrication by reporters, the process was firmly in the hands of in-house editors. More recently, major news organizations such as the Washington Post and The Associated Press have developed new guidelines for social media. The process, typically, has been internal and closed. Enter open ethics In the late 1900s, this closed approach to journalism ethics began to be undermined by new forms of communication. Citizens can create media, do journalism, use powerful online tools for gathering information and checking news stories, and join networks for discussing media ethics. Bloggers, social media writers, web site creators and twitterers do not need to be members of professional news organizations to debate ethics; they do not need to attend professional journalism conferences to engage in ethics discourse. Today, ethics discourse is an intense global discussion and negotiation among professional and non-professional media citizens. The discourse takes many forms. SUMMER 2010 One form, as seen in the Jan Moir case, is the well-known “us versus them” mode of media criticism. A more recent mode is collaboration among professional journalists and online twitterers and bloggers. Take, for example, how The Guardian newspaper worked with the online world to overturn a court ban obtained by Trafigura, a multinational oil company. Trafigura had dumped chemical waste illegally in Abi- An open ethic does not consider the boundary between the professional and non-professional members of a practice to be absolute. To the contrary, it regards the meaningful participation of non-members in ethics discourse to be necessary and important. djan, Ivory Coast, in 2006, leading to tens of thousands of people reporting illnesses ranging from skin lesions to diarrhea and breathing problems. Trafigura secured a ‘super-injunction’ in Britain preventing the media in that country from reporting on the class action by 30,000 Africans and even barring the media from reporting on a question asked on the matter in parliament. The Guardian appealed to the blogosphere and tweeter-sphere (http://www.guardian.co.uk/media/pda/2009/oct/13/twitteronline-outcry-guardian-trafigura). Within 12 hours of the editor of The Guardian tweeting about the injunction, it became the most popular trending topic on Twitter in Europe. The parliamentary question was unearthed, published online by bloggers and disseminated on Twitter. Trafigura dropped the ban. Conclusion In summary, here is how this sphere is changing the three features of closed ethics: Intended users: The “democratization of media” blurs the old idea of the intended users of ethics. Not only is it unclear who is a journalist, but journalism ethics now applies to all media citizens. If citizens participate in media, they too must ask what norms they will follow on their wikis and blogs. Participation: Networks of people participate meaningfully in ethics discourse in both ways – discussion and adoption. For example, citizens worldwide monitor and comment on the daily activities of the news media, often causing mainstream newsrooms to run corrections or change approaches to stories. We now have a global, on-line fifth estate. Whether professionals like it or not, people outside their ranks are leading ethics discussions and intervening in a once-closed process. It is difficult to know where this open process will lead. It is not guaranteed that a more open discourse will be a better ethical discourse. Will the new tools of communication be used to promote responsible journalism practices across our mixed media? Or will the discourse be hijacked by voices that care little for principles of good journalism. Nevertheless, it is clear that we are far beyond the point of any return to a simple “public input” or “complaint” model. And, surely the emphasis on a more diverse and participatory process is not only correct, but the only model that suits our global media. Rather than spend energy on decrying these changes in ethics, we should get ahead of the curve. We should be forward-looking, ethically speaking, and seek to channel these new expansive discussions towards ethical ends. M Stephen J. A. Ward is the director of the Center for Journalism Ethics at the University of Wisconsin- Madison’s School of Journalism and Mass Communication. 37 Feeds and Ledes ALTERNATIVES TO GOOGLE It has become the mother of all search engines, but there are other options Mary Gazze Y ou, and everyone you know probably Google dozens of times a day, no matter what your career. Google is great for general searches, when you need to look up something quickly like a phone number, address or old news story. But with the Internet being a massive source of un-indexed information, there are plenty of other, more specialized search engines out there that could help journalists uncover more information than you’d get on Google or Yahoo. Here’s a rundown of some of the best: Dogpile.com and Mamma.com These are metasearch engines, which work by running your keywords through other search engines like Google, Yahoo, Bing, and Ask.com, and presenting the combined results on on page. Underneath each result, Dogpile will tell you which major engine found the link. These can help you cast a wider net if you’re having trouble with the mainstream search engines. Viewzi.com The benefit of Viewzi is not so much the results, but how they are displayed. Everyone knows that a copy editor’s fresh set of eyes can catch that spelling mistake you glossed over six times. Viewzi acts like that second set of eyes. This visual search engine lets you choose whether you want to see your results in the typical format, or as a Google timeline, photo spread, screenshot of a site’s front page, as well as a host of other options. Seeing the usual information presented in a different way may help you see something in a new light and lead to a new story angle. 38 Allwhois.com I don’t know about you, but I find lots of web pages with zero contact information on them. Sometimes people forget to list it, may not want to be found, or may buy a domain name hoping to masquerade as someone else. This website, which is used to check availability for people who want to purchase domain names, will give you the With the Internet being a massive source of un-indexed information, there are plenty of other, more specialized search engines out there that could help journalists uncover more information contact information for the owner, often including names, phone numbers, and email addresses. Even if the name of the registrant is not available, Allwhois usually lists the contact information for the company hired to maintain or host the website, and you can use that as a starting point. Blinkx.com As a former TV producer, I know the pain of having to ditch a great story because you’ve got no pictures to fill large voiceover holes. Oftentimes, turning to YouTube.com or Liveleak.com can help you fill the video gaps. But if you can’t find what you’re looking for, Blinkx might help. This is a metasearch engine like Mamma.com or Dogpile.com, but it is devoted solely to scouring through millions of hours worth of video on different video sharing websites like YouTube, Google and MySpace. You can also choose a filter that removes all “Not Safe For Work” results to avoid a potentially embarrassing talk with your boss. Omgili.com One of my favourite ways to find regular people with a particular interest is to scan topic-specific message boards. Type in a keyword, and Omgili searches message boards, discussion groups, and online forums, to find relevant boards, and relevant posts showing what people are talking about. Omgili claims to scan through 100,000 message boards. Use Google.Omgili.com to combine the results from both websites on one page. (Note: This is not endorsed by Google, but works in the same way that many websites embed a Google search bar). Icerocket.com and Technorati.com When looking for a blog, people often turn to Google Blog Search, which is great, but here’s two more you may want to try if you’re having trouble. Technorati was one of the first blog search engines and still does a good job today. It also maintains a Top 100 blog list. Icerocket also searches blogs, but the tabs at the top help you sort web, news, twitter, and MySpace results. Sort by the “Big Buzz” tab, and you’ll get a real time view of recent blog posts on your topic, and how long ago they were posted. Archive.org Google cache works for websites that changed a few weeks ago, but when you need to go back to the days of chat rooms MEDIA and AOL, jump into the Wayback Machine at archive.org. It will give you a snapshot of your chosen website in all its cluttered, pixelated glory from 1996 (if it even existed back then). Once you’re looking at the website’s archived state, you can still click on the links there, which are sometimes still active. Legacy.com You’re investigating someone you know is a scam artist, but she says she inherited a fortune from her great aunt Gladys. You know aunt Gladys exists, but is she really even dead? Legacy.com will look through obituaries from major newspapers from Canada and the U.S. Records go back as far as 1949. Thoora.com Twitter search can help you keep an ear to the ground as to what is a popular topic at any given moment, but you can’t really use it as a gauge to measure water cooler chatter, especially when the top-10 trending topics include tween singing sensation Justin Bieber or #ibetyou5dollars. Google Insight (which I mentioned in my last column) can tell you how many times a search term was used within a given time frame. Toronto-based Thoora examines the traffic coming from blogs, Twitter, and mainstream media, and ranks stories according to “Buzz.” The results are presented in a similar way to Digg.com, but while Digg requires a reader to proactively click on a button to vote for a link to be ranked, Thoora uses an algorithm to rank popular stories without relying on votes. It can help you see what stories the online public cares about, and help you choose where to focus your energies for coming up with relevant story ideas for the day. Thoora’s website said that as of March last year, it had indexed 81 million blogs. I hope you find these niche search engines useful and I’d love to hear about your success stories. For more about search engines in general read http://searchenginewatch.com/ and poke around http:// thesearchenginelist.com/ to find a long list of other useful sites. Happy typing. M Mary Gazze is a Toronto-based freelance journalist. She can be reached at: marygazze@gmail.com SUMMER 2010 39 The Future of News Seeking curators These new skills may lead to new jobs Simon Doyle T here’s an emerging discipline in journalism known as curation. It’s not as scary as it sounds. This is early, theoretical stuff, but communications experts and bloggers are devoting significant yarn to curation — i.e., journalists as hunters and gatherers for online, public information. But like the curation that happens in museums and galleries, it’s a little more than that. Curators, traditionally, take original materials, often artifacts, and arrange them neatly in public spaces, provide context, cull unnecessary items, clean them up, and make them fit for public consumption. So it’s as much about presenting information as it is finding it and making sense of it. There’s a human touch. You could say that editors and journalists have always curated news releases, reports, interviews, wire copy, and video and audio tape into their news packages. But a news curator’s focus isn’t original reporting. That doesn’t mean they don’t find exclusive stories. There’s a need to swim through the ocean of data to be found on blogs, Twitter, Facebook, discussion groups, emails, databases, Flickr, YouTube, newsgroups, online communities, crowdsourced data, and other miscellaneous, niche Web content. Twitter alone is a sea of potential stories. Bit.ly—that short url people use in their tweets—generated 2.7 billion clicks in February of this year, more than Google News, which last year generated about one billion clicks per month. Most social media is raw, unedited source material, but has more value when it’s cleaned up, checked for accuracy, and arranged and packaged in a form that con40 sumers want. “The stuff that comes through citizen journalism channels, for the most part, isn’t journalism,” Michael Tippett, founder of the Vancouver-based NowPublic citizen journalism project, told me recently. His organization employs five editorial staff, who primarily work as curators. They have software in the newsroom, called Scan, that allows them to punch in a location or a keyword and pull up a sea of related citizen-generated photos, videos, and other content. NowPublic is using the program to tap it’s as much about presenting information as it is finding it and making sense of it. There’s a human touch. into “a vast conversation … happening on the Internet on every imaginable topic,” its website says. This is already happening in the mainstream media. It’s not uncommon for the evening news to use tweets, Facebook photos, YouTube videos and other social media content in its newscasts. Here’s a little prediction: It may not be long before much of the evening news becomes a kind of “best of the Web.” “I think you’re going to see this play out nationally, internationally. I think you’re going to see it play out locally,” Tippett says of the trend. But how is curating so different from editing, you may ask? Aren’t video producers and copy editors curators? Kind of. Except that “curator” is a term new to journalism and specific to the world of “journalism 2.0,” an expression that essentially means journalism and technology. In a recent article on Owni, a French social media site based in Paris, Benoit Raphael proposed a structure for the “future newsroom,” containing three groups of journalists: Reporters, who engage in original, exclusive reporting; curators (or “super copy editors”), who cover breaking stories, scour the Web for material, and engage in “link journalism”; and columnists, including bloggers. In other words, Raphael advocates for a kind separate, curation newsroom. Jeff Jarvis, popular BuzzMachine blogger, professor at CUNY, and author of the 2009 book What Would Google Do?, has also blogged about its importance. He says journalists need to learn curation skills in today’s media environment. The old, traditional skills alone— reading, writing, researching, interviewing, editing tape—won’t cut it. Curators, “super copy editors”— or whatever you want to call them— will have to keep on top of new communications platforms, social networks, and search tools. To be Web literate is an understatement. They will need a range of technical and often specialized skill sets. A major report released last year by independent media coalition The Media Consortium, titled “The Big Thaw,” noted that today’s journalism landscape is demanding new skills MEDIA and competencies. The report suggested that journalists should build skills in “communitybuilding, strategic use of technology, multi-platform agility, greater integrated organizational functions, and an ability to experiment.” They’re the kind of skills, the report duly noted, that “may require counterintuitive ways of working.” Alice Funke might not consider herself a curator, but that’s essentially what she does. She is the administrator of Pundits’ Guide, a well-read resource for political junkies. Her skills in information technology (IT) led her to create an online database of crosssearchable elections and riding information that has become about the millionth most popular website in the world. Not bad for a four-year-old site about Canadian politics. For now, Funke may come short of a profitable business model, and she may not be trained in journalism, but she is successful because she’s creative, loves what she’s doing, and possesses a specific set of computer-assistedreporting skills. Canwest News Service recognized that in 2008 when it hired her during the federal election campaign. She conducted computer-assisted reporting for the national bureau’s reporters. “I’ve obviously assembled some valuable data sets, data that is in the public domain, but really badly organized,” Funke told me recently. Today’s journalists don’t need certificates in IT—but a little training in database SUMMER 2010 management is helpful. So is web design, for obvious reasons. Part of the job of curation involves finding innovative and creative ways of presenting and aggregating information. Curators, “super copy editors”— or whatever you want to call them— will have to keep on top of new communications platforms, social networks, and search tools. To be Web literate is an understatement. Martin Langeveld, in a piece last year for the Nieman Journalism Lab, wrote that we should start to think about news content “as a cascade, as in a stream running down a rocky glen, always moving, dividing, uniting, filling pools here and there, constantly finding new niches to fill.” A little abstract, sure. But by example, he wondered why news sites continue to run separate articles for rolling or developing stories. Why not just manage wikis that are updated with each new development? OpenFile, a new,citizen-engagement news site in Toronto, approaches its stories as “files” as opposed to isolated texts or videos. Each story belongsto a broader, linked-in narrative, like a wiki. It’s just one creative way curators can experiment with news delivery and drive its innovation on our iPads, laptops and wireless devices. A brave new world, indeed. But thankfully, there will also continue to be a need for good-old video editors and, of course, writers. Tippett says he thinks there may come a time when our obsession with immediate information fades, and long-format news makes a return. “You may find there’s slow information movement, in the same way there was a slow food movement, where people are rejecting McFood and are looking for more wholesome food,” he says. It’s also notable that the online encyclopedia, HowStuffWorks.com, is hiring writers, according to the site. Yes, plain old writers. You might even consider it a form of journalism. M Simon Doyle is the editor of The Wire Report in Ottawa. 41