Over the Edge + January 27, 2010 Changes to libel law help well- meaning journalists RORY MACLEAN THE SHEAF SASKATOON (CUP) — The Su- preme Court of Canada has introduced a new defence against libel that could have a profound effect on bloggers and journalists. A new defence of “responsible com- munication on matters of public inter- est” can be used against charges of libel following a December supreme court ruling. “It's a really big deal,” said Mary Agnes Welch, president of the Can- adian Association of Journalists, who explained that Canada’s libel laws are significantly more conservative than in other countries. The strongest defence against libel is truth, but proving facts to be true in a court of law has been a challenge for many journalists. “Tt used to be that you had to have an honest belief in the truth of the facts that you were basing your comment on,’ said Reynold Robertson, a lawyer who handles defamation suits for the Saskatoon *StarPhoenix*. “Previously, most people couldn't say they had an honest belief in the facts because they just accepted what they had been told,” he said. With the new defence, “We can say that the story is substantially accurate,’ said Welch. “We don't have to say it's completely accurate. As long as we've done what all good journalists should do, which is check our sources. “You can go and say, ‘Here's every- thing I did to make sure the story was right and fair’... This is a pretty rad- ical departure from what it said before, which was basically that you had to prove everything you said.” Welch feels requiring journalists to be able to prove the truth of everything they print has led to a chilling effect in Canada, where some stories don't even get printed despite being in the public interest. Most journalists cannot afford to hire a lawyer to defend against a charge of libel — especially freelancers and blog- gers, who are increasingly becoming a source of citizen journalism. Before being caught on charges of fraud and obstruction of justice, Con- rad Black was infamously litigious, threatening legal action against jour- nalists who attempted to publish his exploits. “Conrad Black was famous for that,’ said Roberston. “People were being intimidated against expressing their views because they were afraid to get sued.” The new responsible communication defence could help reduce the chilling effect and allow more stories of press- ing public interest to be published, said Welch, “All papers have lawyers ...and on all the awesome juicy stories we get them lawyered, right? And when it comes back, it’s often all the juicy parts that get red-penned right out of there.’ Having an additional defence may prevent lawyers from editing out these juicy tidbits, said Welch. Despite the new defence, libel suits will always be a threat for publications. “Probably every newspaper gets sued from time to time,’ said Steve Gibb, editor of the *StarPhoenix*. “We've had our fair share of lawsuits, or at least threats. Most of them tend to go away, and dont go beyond idle sabre-rattling. You certainly have to take them very seriously.” Gibb doesn't think the new defence will cause a “held day” for investigative journalism, though. “Sometimes seemingly very inno- cent-type stories can get you problems just as much,” he said. “It’s sometimes easier for something to slip through if it’s a less complicated story.’ Responsible communication may not reduce the threat of legal action, but it does enshrine ethical reporting practi- ces by asking journalists to account for their reporting process. The effect of this new defence has potential applications for bloggers, but it has yet to be felt in that realm. “Not many bloggers have been sued for libel,” said Welch.“Everybody’s kind of waiting for the one big case.’ Blogs may have had a profound effect on public discourse, but they are still a long way from doing well-sourced jour- nalism, said Welch. News 3 Feds end funding for national learning resource EMMA GODMERE CUP OTTAWA BUREAU CHIEF OTTAWA (CUP) — The Conservative government has decided not to renew funding for the Canadian Council on Learning, a national organization that studied and published public reports on all levels of Canadian education since 2004. On Jan. 8, the CCL announced that the government's financial sup- port — originally a five-year, $85-million grant, which had been extend- ed by the Conservatives for another 12 months last year — will run out on March 31. “This will necessitate a dramatic scaling down at CCL,” explained President and CEO Paul Cappon in a statement on the CCL web- site.“ However, we are determined to fulfil our current commitments, and identify new ways to serve Canadians, albeit with more modest means.” Ninety-five per cent of the CCL funding is based on federal sup- port. “T am shocked and I’m very disturbed by this cut in funding,” NDP MP Niki Ashton told the University of Ottawa's CHUO-EFM on Jan. 8.“Not only has the CCL been doing important work in our research — and particularly educational research and learning research in our country — but it’s also a program, an organization that's being cut as part of a pattern, here: a pattern that the Stephen Harper Conserva- tives have certainly taken on where we see an attack on research,’ she said, referencing the 2008 decision to end funding to the Canadian Millennium Scholarship Foundation. The Millennium foundation officially dissolved just days before the CCL announcement, on Jan. 5. Established by the Liberal government in 2004, the independent-but- government-funded CCL has conducted regular research and published annual reports focusing on various knowledge-related topics, including adult literacy, aboriginal learning, and post-secondary education. “CCL didnt just do research: CCL provided a report card in many ways, and indicators as to how well Canada was doing,” Ashton said. “Once we lose that kind of information from an independent organ- ization — certainly funded by government, but independent in its work — I think that’s something that we should all be very concerned about and that should set alarm bells off for all of us.” According to the Globe and Mail, federal Human Resources and So- cial Development Minister Diane Finley explained in a Dec. 2009 letter that the “the decision not to renew was not made lightly.’ Ashton, also the post-secondary education and literacy critic in the federal NDP caucus, reiterated the importance of funding educational research, “We're ... getting rid of the organizations that are saying whether or not the money we're spending is worthwhile ... What we're saying — are we doing it? And how are we stacking up compared to the rest of the world?” “This is something that should concern all of us.’ Closing Vancouver injection site would infringe on charter rights ANDREW BATES CUP WESTERN BUREAU CHIEF KELOWNA, B.C. (CUP) — Dean Wilson is a 38-year heroin addict inflicted with Hepa- titis C. Shelly Tomic is disabled by depression and arthritis in addition to her addiction to heroin. They are both users of the Insite safe- injection site in Vancouver, and they've won the battle to keep Insite open. A new decision by the B.C. Court of Ap- peal has found that the laws that make such sites illegal infringe on these persons’ charter rights to life, liberty and security. Wilson and Tomic, alongside the Portland Hotel Society (PHS), which operates the site under contract with the Vancouver Coastal Health Authority, filed a statement of claim against the federal government in 2007 claim- ing that closing Insite would violate the users’ rights to “security of the person.” “We were incredibly ecstatic at the ruling .. . People were overjoyed,’ said Liz Evans, PHS executive director. She believes Insite is extremely valuable, she said, because “If a drug user walks in off the street, they can find belonging, dignity, and access to services that are designed with them in mind.” The site addresses overdose rates as well as the rates of spread of infectious disease through dirty syringes and unclean equip- ment. ‘The group had filed action when the tem- porary legal exemption that had allowed Insite to operate was set to expire in 2008. The B.C. Court of Appeal’s 2-1 decision “represented the courts actually support- ing the information and the research and the reality of what's actually happening every day on that site,” Evans said, “as opposed to validating what ultimately is this ideological rhetoric which is coming out of the central government.’ Federal Health Minister Leona Aglukkaq's office would not talk about the government's plans following the announcement.” While the government respects the court's decision, it is disappointed with the outcome,’ a said Health Canada spokesperson Christelle Legault.“ The government is reviewing the decision care- fully.’ Insite was created in 2003 after Health Canada under the Liberal government thanks to a minister's exemption from the Controlled Drugs and Substances Act, and had received two exemptions from the following Conserva- tive government by 2008. At the time, the government had said that the extensions were meant to provide more research. “Then, rather than using the (health- related) goals that InSite was established to actually achieve,’ Evans said, “they switched the focus of what they wanted... (to) crim- inal. Are we actually getting people off drugs and are we getting rid of crime?” When asked about safe-injection sites, Legault said that their approach “focuses on prevention and treatment leading to full re- covery.” Legault was careful not to say whether or not it disagrees with Insite’s approach, noting that innovative approaches to treatment and rehabilitation were a part of the government's agenda. According to Evans, the scientific research into the matter backs up the need for injec- tion sites like Insite. “The types of things that they've demonstrated is that Insite has a sig- nificant role to play in a comprehensive way of addressing addiction.” The Canadian Medical Association Journal published an article in 2004 that claims that Insite lowers public drug use and discarding of drug paraphernalia. A 2006 paper from the New England Journal of Medicine states that an average use of Insite of once a week or any contact with the on-site addictions counsellor independently increased that person's chance to get into rehab, Health Canada compiled a report in 2008 for then-health-minister Tony Clement that upheld some of these points, noting that Insite had intervened in 336 overdose events, with no deaths. “If they were to occur in an alley or some- where isolated, that person ultimately ends up dying,” said Evans. The report identified some limitations of the research, including the issue of self-report- ing and the difficulty of measuring injections in Vancouver's downtown east side outside of Insite. Evans wants to drive home the message that Insite saves lives. “Shelly Tomic and Dean Wilson ... testified in the court document that Insite had saved their lives,’ she said.“There’s many people that go every day (into the upstairs detox) who tell everyone who’ willing to hear . . . that Insite has saved their lives, and they wouldnt be in detox without Insite.” UNBC Blasts JDC West Out of the Park! ANDREW BAILEY EDITOR IN CHIEF Back in March of 2008, UNBC_ dynamos, Kelly Bergman and Liam Illife, sat down at a table with the presidents of two business student societies from universities all over Western Canada and put in a bid to propel UNBC into greatness. Their impressive bid, outstanding pre- sentation, and presumably unparalleled schmoozing led these two men, who are now officially considered heroes amongst the UNBC community, to bring the electrifying JOC West competition to UNBC’s home soil for the first time in our institution's short history. Following Kelly and Liam's triumphant success in bringing the competition here, it was up to their suc- cessors Jonathon Gray and Farouk Ramji to carry out what would eventually become the greatest JDC West competition of all time. For those of you who missed my previous article on the JOC West Competition: it is the largest and most prestigious academic competition in Western Canada. Each school sent 53 students to compete over the Janu- ary 15-17 weekend. This meant the arrival of approxi- mately 530 students to Prince George. These students needed to be fed, entertained, and organized, therefore much love must be given to the volunteers and mem- bers of the organizing committee who sacrificed their free time, working continuously throughout the week- end, achieving little to no sleep, to ensure the fantastic success of the competition. As I was a member of the Social sub-committee I cannot speak to how well the academic competitions went due to the fact that I, and two other monumental pillars of the UNBC community, Adrian Edwards and Andrew Holland, had our hands full setting up and su- pervising the various social events that took place over the weekend. These social events came off extremely well, with the highlight being a human shuffleboard competition during the first intermission of a Prince George Cougars game. Although I missed the academic competitions, I was present during the star- studded award ceremony, which saw the UNBC JDC West team achieve its highest performance in a JDC West competition to date. UNBC’s Not-for-Profit Business Strategy Team, which consisted of Blair Hogan, Natalie Nguyen and Ryland Nicholson won first place in their event. Nich- olson, who broke down into incredibly passionate tears of joy while accepting the award with his team, stated “I’m super excited about the win and the momentum that hosting JDC has brought to the school. I’m also re- ally proud of the community for being so supportive.” UNBC’s Business Strategy Team: Lucas Miller, Chris Wilson, and former Over the Edger Alazar Se- mere, also won first place in their event. Our Entrepre- neurship team of Nathan Chiles, Taylor Haynes, and Dustin Renaud achieved second place. Dan Beaulieu, Kara Biles, and Anita Mann, took home the 3rd place award in their Human Resource Management compe- tition. Beaulieu was visibly upset while accepting his award on stage as he had undoubtedly hoped for gold, however I’m sure that by now he has realized that tak- ing home bronze in the exceptionally competitive envi- ronment of a JDC West competition is nothing short of outstanding. Thanks to these exceptional JOC West team mem- bers, UNBC placed fourth overall in this year’s JDC West competition, which is the highest we have ever placed, so kudos to everyone, and cheers all around. Finishing fourth place is absolutely phenomenal con- sidering UNBC is the smallest school to participate in this competition. Therefore, anyone who sees these newly christened members of UNBC elite status needs to dish out high fives with the enthusiasm of a thou- sand Richard Simmonses, An exceptional amount of love must also be given to JDC West Organizing Committee Co-Chairs: Jonathon Gray and Farouk Ramji for pulling off such a tremendously successful weekend, The opening and closing ceremonies went extremely well, highlighted by a phenomenal keynote address given by Canadian Sen- ator and National hero, Lieutenant-General (retired) Roméo Dallaire. The atmosphere was amazing, with fireworks and awesome flame-cannons, there was an exuberant amount of dancing and outrageously good times. I have never experienced such an energy filled, well-put together UNBC event and we should all be exceptionally proud of the admiration and respect that the UNBC 2010 JDC West team brought to our Uni- versity. Congratulations UNBC, the JDC West week- end was an absolute home- run extravaganza.