Journalist faces criminal charges over coverage of protest
theglobeandmail.com
theglobeandmail.com
It seems misleading to say that has been been charged for reporting, rather than to say that he has been charged while reporting. I haven't read the charges, but I presume the issue is lack of perceived immunity rather than separate laws against reporting. But this does raise the question, are there crimes that journalists frequently commit for which they are not charged? The implication is that prosecution is rare because of immunity, but a simpler explanation would be that prosecution is rare because journalists are generally law abiding.
I suspect for trivial ones like this (tresspass), it is pretty common. This guy was tresspassing in the wake news-worthy trespassers. A rationally self-interested owner might want to let the journalist off to avoid bad press.
That said, the other journalists remained at the gate. So this guy was going beyond the informal norms around there. Also it says: Mr. Brake embedded himself with a largely Indigenous group of protesters (which he refers to as “land protectors”) while they occupied workers’ accommodations. He live streamed their protest for several days.
So maybe he was seen as one of the protesters rather than a journalist covering them. Also does he cover a multi-day tresspass? If so, it is clearer that he should have sought permission from the owners before going in to film; at least after the initial rush.
There was also a specific injunction against the protest, not just trespassing, and it was multiday trespassing, not just entering a private propety to film something of interest and then leaving.
Was it necessary for him to be there integrated as one of them for the whole disruption to get the story? Im curious what line youd have to cross to be a protestor, not just a reporter.
He should be processed by the system, and let the court of law judge him.
It's Canada we're talking about, he will have a fair trial, it's not Turkey where he would have already been imprisoned/tortured/"suicide-ed".
If they're the only ones trespassing, sure, arrest them. But otherwise let's keep the courts for the actual criminals.
It’s not clear that this is the case in Canada, and your reference of a clearly American example doesn’t really clear that up.
[0]https://news.vice.com/en_ca/article/3kp7n3/canada-passes-law...
And, by the way, let's not overestimate the alleged sanctity of journalism: they are humans too, as any of us, and there are numerous examples of journalists distorting facts for variety of reasons, starting from personal beliefs, and ending with bribes.
In my mind, they should arrest him, examine the evidence (gun from my pocket, pizza slices from my bag, camera from the journalist). I should then receive my 5-to-10. He should receive a pulitzer.
But at that time, we should both be arrested. Police will not sentence him or me. Courts will do that (sentence or release).
Justice is served in courts. Police should just stick to the basics: Trespass = arrest. Rob = arrest.
Irrespective of whether the guy/lady/etc. is a journalist, baker, etc.
Unauthorized entry is an actual crime. If you leave your front door unlocked and I enter your hallway just to admire your collection of shoes for a moment or two, I'm committing a crime.
That's the only way you can hope to obtain "retroactive authorization to have been there" from the property owners. (I.e. they have the charges dropped.)
You're likely not going to get that from the property owners if you side with the trespassers; then you're as good as one of them as far as they are concerned.
This story was a bit concerning at first, given what the phrasing implies, but if the above case is true (that he did not request permission, and that journalists don't have legal immunity in that situation) I think the journalist could have taken steps to ensure legality and cover his story.
Edit: I know this happened in Canada and the 1stA is not directly relevant to this case but my point is the same. There is not press freedom to trespass in Canada. There is a reason the other reporters stayed behind.
Section 2 of the Canadian Charter of Rights and Freedoms is more relevant.
I was more concerned about the case of Antoine Trepanier, who was arrested for harassment for doing normal journalism. However it appears that the charges have now been dropped.
That's one of the more obvious counterexamples. Being a journalists can also play a significant role when judges have to balance different rights: "Trespassing", for example, is obviously not as absolute as you make it out to be. If your life is in danger you can pretty much trespass as much as you want without any legal risk. "Informing the public" is a slightly weaker justification than survival, but it is a generally recognised public good and will be considered, especially in victimless crimes such as trespassing.
Law isn't an algorithm, or at least not a trivial one. It needs to capture the full breath of human life, with its limitless supply of nuance.
At what point does writing a juicy headline cross from good marketing to bad ethics? Because I'm getting increasingly exhausted by the grotesque stunts getting pulled for a click. This 'journalist' was charged with trespassing because they trespassed, which is absolutely fair, there's not even any gray area here in my opinion.
All we would have of the Civil Rights Movement are secondhand stories if we followed your principle.
Should someone who snapchats their friend’s burglary be off the hook?
Intent, like actual intent - not what you say to get a lighter sentence - matters a lot. Some rando saying "I was filming because something something amateur reporter" has less weight than someone who can more rightfully show history of reporting, unless the rando actually demonstrates theyve been engaged in independent production before the crime.
However in this contrived situation, provided the "journalist" isn't driving the getaway vehicle, yeah, they shouldn't be charged with burglary.
Journalism is so vital to democracy, that I want lenience for reporters even when things aren't super clear cut. Justice is full of compromises.
And, last time I checked, I don't get to violate the law just because I'm speaking.
If the law can be disregarded because of pursuing a greater good, that should apply to everybody that can demonstrate that's what they are doing. Not just people who are doing it as a career.
https://www.surreynowleader.com/news/greens-elizabeth-may-nd...
The protesters intent was to protest, and the reporters intent was to publish journalism on the protest, on a matter of significant public interest too.
Many people have no problem seeing the difference.
In my opinion, neither group should be charged in this case, but certainly not the journalist.
It's possible that his intent was to protest AND to publish journalism. What's the dividing line between protester and journalist?
For example, imagine an embedded journalist with a group of guerrillas that perform war crimes. At what point is the 'journalist' culpable for the crimes of the group? If the 'journalist's' intent is the making propaganda pieces for the group, is he still a journalist? If he takes up arms with the guerrillas, is he still a journalist?
I'm not saying this guy is a criminal, just stating that it may be a bit of a grey area depending on how much he is affiliated with the group.
For the most part though, what protects journalists are the same laws that protect non-journalists. As journalists are involved in the judicial process, the finding of the courts are applied in a way that they would apply to anyone in that situation, not just journalists.
Another way to interpret this: the actions of a concerned citizen documenting people breaking the law. Example: If you saw a woman being chased by a man waving a knife in the air, and you started filming it, and they both ran into a building marked "PRIVATE - NO TRESPASSERS", should the person documenting this event simply wait outside? Or follow them in, at the very least to document what appears to be an attack, and potentially help? Would this person be charged with trespass? (IANAL, but you can see how regardless of a 'journalistic standard' these situations could become less than simple)
On one hand, it's not a free license for anyone to break trespassing or other laws with impunity. Being a journalist doesn't absolve you of public safety concerns. It doesn't absolve you of It's an affirmative defense. You take an illegal action only to offset a much larger one. Journalists often do engage in trespass to document illegal practices. There's a despicable practice that's become common, called "ag-gag laws", which prohibit filming in slaughterhouses. Why would you do that? These laws have no merit... Until you read the accounts of film crews that acquired jobs at meat production facilities only to film "exposes" about meatpacking practices... That were, pretty simply, not surprising or exposing anything. They're often gruesome, significantly because these crews are making it the story. Meatpacking is and always has been an unpretty industry, and quite frankly reportage inside the packing houses is important - Upton Sinclair would have something to say about it - But these crews were endangering themselves and others for the sake of their drama, operating machines unsafely, allowing unsanitary conditions to build for the sake of "exposing them". There was a legitimate problem with charlatans on a mission, each looking to one-up each other. I saw a few of these movies, and my reaction to the first one was "So you went to a farm?" - The latter were "That's unsafe", but not about the farms but about the behavior of the crew filming.
It sounds like this guy is on the edge of being a nuisance protestor claiming journalism, and a legitimate journalist trying to get to the heart of the story. I actually doubt that it's that fuzzy if you had the full testimony, but there's a legitimate reason for this to go to court. Sad, but legitimate.
Isn't it essential for journalists to have access to events of public interest? How else the public learn about them? Events of public interest happen on private land too, including government activities. There seems to be no accounting for that problem.
(It's also not a very good argument because the law in both the U.S. and Canada makes journalists a special class.)
Should schoolteachers be allowed to trespass in preparing our children for their future lives?
Should physicists be allowed to trespass to uncover the mysteries of time and space?
If he had been a police officer would he still be facing charges for the exact same actions? Both could be said to be acting in the public interest.
In any case it would nice to see a little collection to offset this guy's expenses while his suffering pushes Canada's democracy ahead by a small amount.
It seems related that this happened to a journalist who supports their cause.
We called them savages for living in harmony with the land. We are now starting to see what happens when you don't. Who is the savage, now?
I thought the "living in harmony with the land" thing has generally been considered discredited along with the rest of the "noble savage" tropes out there... (e.g. https://academic.oup.com/bioscience/article/60/7/516/234159 )
Not sure who they are. But the world is turning. What the British had done in the past is being undone (though all too slowly). I can’t speak to the conditions elsewhere, but I know recently the government has partnered with Six Nations reserve groups to build a new solar farm where there was once one of the worlds largest coal fired generating stations. I grew up near there and grew up playing softball with those guys. It’s not all plight down there. It’s not all good either. The North needs so much more help than they’re getting but not many people volunteer to go do anything about it. It’s not just up to the government, but I happen to know they’re doing little bits. My brother volunteered to fly up there to work with isolated communities well north of the Sault with a program run by the OPP (Ontario Provincial Police).
Just don’t vote Doug Ford or what you’re saying will certainly be on the agenda. Otherwise, there are plenty of programs to get involved in, and it’s closer to a front lying issue as it ever has been, also thanks in part to Gord Downies final days being quite vocal about it.
Enough? No it’s not. Will they see retribution? Who knows. Still waiting on the same from the British for the land and life lost in the Highland Clearances. I don’t think that’s coming either. Best bet is to band together and push for something better.
I don’t think the case is politically motivated. Like others have pointed out, the case has to go to the courts yet. That’s where the interpretation of the law will truly happen.
If a journalist wants to follow the perpetrators of some unlawful entry, that journalist must in fact somehow possess the authorization to be there that the perpetrators do not, otherwise he or she is equally unauthorized.
There is no legal category of person called "journalist" who are authorized to enter anywhere they want.
While this situation is unfortunate due to its particular circumstances, there isn't any good way to fix the rules to make an exception.
The letter of the law can open up cans of worms.
You've never heard of the exploitation of legal loopholes?
Do you suspect that the statutes of Canadian law which applies to this particular case are ambiguous? Or if not, should they be, and would that somehow help in some way?
The letter of the law is critical because the word choice matteres. The difference between consent and informed consent is huge.
However, the inclusion of intent into a law doesn't inherently require any ambiguity in the law itself. The way in which intent factors into a statue can be crystal clear.
> The difference between consent and informed consent is huge.
And not fuzzy in any way; quite "binary", like a computer.
Only in theory, in practice these things decided on a case by case basis. You get things like, "Is the wording of this document clear enough not just possible to decipher."
"I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ["hard-core pornography"], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.[4]" is actually part of case law.