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Judge bans Free Press reporter

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1 Judge bans Free Press reporter on Fri Jun 26, 2009 8:06 am

grumpy old man


administrator
administrator
A judge has banned a Winnipeg Free Press reporter from covering a controversial child custody hearing after the paper published a story Wednesday identifying a witness.

Provincial legislation prohibits the naming of any parties testifying in child protection cases.

Radio station CJOB identified the same witness on air and online but did not face a similar sanction. Justice Marianne Rivoalen said she did not have enough details about CJOB's breach to ban the station's reporter from court.

The case involves two young children seized by Child and Family Services after one was sent to school with a swastika and racist writings drawn on her body. CFS is seeking permanent guardianship of the children, arguing the parents are unfit to care for them.

'Absolute disregard'

Crown attorney Issie Frost, representing the Child Protection Branch, argued both the Free Press and CJOB should be banned entirely from covering the case.

Their actions "show an absolute disregard for previous communications this court has had with the press," Frost said.

The incident comes three weeks after Global television violated the same publication ban when it aired footage revealing the names of the children's parents.

"I do not understand why this issue has raised its head once more in this courtroom," Frost said. "A slap on the wrist isn't going to do it here."

Free Press lawyer Nicole Watson said the paper's court reporter, Mike McIntyre, mistakenly believed the publication ban did not extend to expert witnesses.

"It was inadvertent," Watson said. "He had the perception (the witness) was in a different category than lay witnesses."

Rivoalen rejected the explanation.

"In my mind, a witness is a witness is a witness," she said. "In my mind it's unbelievable that this could happen again."

Earlier this year, the court rejected a motion by CFS to ban the media from attending the court proceedings.

The media is "in a privileged position to be sitting here so they should be very careful about what they are saying," Rivoalen said.

Rivoalen said she was prepared to allow the Free Press to continue covering the case, but with a different reporter.

She also ordered McIntyre, the Free Press, and CJOB to deliver a written apology to the identified witness, the court and the children's parents.
By DEAN PRITCHARD

This judge, Marianne Rivoalen, is a dinosaur.
The media is "in a privileged position to be sitting here so they should be very careful about what they are saying," Rivoalen said.
Horsesh1te I say.

These antiquated thinking judges need to climb up out of the dark ages of our judicial system. Our justice system should be wide open for all, to see that justice is getting done.


_________________
Yes, I really am that Grumpy...

It's their, they're and there; in Canada it's colour, cheque, rumour and zed...

2 Re: Judge bans Free Press reporter on Fri Jun 26, 2009 8:36 am

Guest


Guest
The Judgers don't make the law dispite what may be coming out of some courts these days...it's the members of Parliament that do.
That's where you should vent your frustrations GOM.

In cases where children are abused, I go with protecting their anonymity over the public's right to know though.

3 Re: Judge bans Free Press reporter on Fri Jun 26, 2009 9:02 am

grumpy old man


administrator
administrator
My argument isn't so much protecting the anonymity of children. I'm all for that. Nor is it the law that is at issue here.

My issue is this notion the press are "privileged" to attend court proceedings.


_________________
Yes, I really am that Grumpy...

It's their, they're and there; in Canada it's colour, cheque, rumour and zed...

4 Re: Judge bans Free Press reporter on Fri Jun 26, 2009 10:20 am

FlyingRat


moderator
moderator
Provincial legislation prohibits the naming of any parties testifying in child protection cases.

The problem is with the MLA's in the legislature.

However, it is totally unnecessary for McIntyre to have named the expert witness - the credentials and experience of the expert witness would have sufficed.

BTW, what happened with Global? Their violation was much more severe.


_________________
Rule #76: No excuses. Play like a champion!

5 Re: Judge bans Free Press reporter on Fri Jun 26, 2009 10:20 am

FlyingRat


moderator
moderator
FlyingRat wrote:
Provincial legislation prohibits the naming of any parties testifying in child protection cases.

The problem is with the MLA's in the legislature.

However, it is totally unnecessary for McIntyre to have named the expert witness - the credentials and experience of the expert witness would have sufficed.

BTW, what happened with Global? Their violation was much more severe.


_________________
Rule #76: No excuses. Play like a champion!

6 Re: Judge bans Free Press reporter on Fri Jun 26, 2009 11:10 am

Guest


Guest
grumpy old man wrote:My argument isn't so much protecting the anonymity of children. I'm all for that. Nor is it the law that is at issue here.

My issue is this notion the press are "privileged" to attend court proceedings.

Ahhh. Gottcha.

Perhaps it's only "privileged" in child abuse cases where the Hearing can be held in-camera?

7 Re: Judge bans Free Press reporter on Mon Jun 29, 2009 6:07 am

Guest


Guest
Any one can be asked or removed by a judge in their courtroom for a valid reason .

8 Re: Judge bans Free Press reporter on Mon Jun 29, 2009 7:58 am

grumpy old man


administrator
administrator
Of course the judge can. But then again that is not what is being debated in this thread...


_________________
Yes, I really am that Grumpy...

It's their, they're and there; in Canada it's colour, cheque, rumour and zed...

9 Re: Judge bans Free Press reporter on Mon Jun 29, 2009 8:24 am

Miz point


uber-contributor
uber-contributor
Case in point....remember the Homolka/Bernardo trials? Of course you all do.....but the joke was on the judiciary with regards to media bans being violated. The American press gleefully reported all details and names because they could not be controlled by our legal system. The Canadian public could purchase said publications and even at that early time, go online to glean further banned information.

I applaud controls to protect the children but it is difficult to prevent the flow of information.

http://www.granhotelflores.blogspot.com

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