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Long(er)-time readers of this blog may recall that, for quite some time now, I've had a recurring role as an opinion writer for my local newspaper, the
Cowichan Valley Citizen. When I remembered, or when I could, I would post links to my articles on this blog, and, occasionally, I would even
semi-gloat over what I wrote.
But, it would seem that this is no more, for I haven't been posting links to my articles over the past few weeks. Why is that? Well, it's a long story.
It all started way back around Thanksgiving, when I wrote an article about the Canadian Human Rights Commission entitled 'Questionable Conduct of CHRC'. I wrote the article in the wake of the Anthanasios Hadjis
decision in
Warman v. Lemire, after the CHRC
appealed the decision for a Judicial Review, and just before the Standing Committee on Justice and Human Rights'
first inquiry into Section 13(1) of the Canadian Human Rights Act.
In other words, it was an exciting time. Or rather, it was if you had been following the CHRC saga for a while, as I had - I've been following it for, oh...probably close to a year and a half now? I've written multiple articles on the topic, with a whole lot more for this blog, and back in June I even started up a blog devoted specifically to the topic of Canada's HRCs:
The Lynch Mob.
Anyway, this was the atmosphere in which I wrote the article 'Questionable Conduct of CHRC'. I talked about some of the background behind the Hadjis decision and the appeal, including Richard Warman's rather disgusting involvement in the whole process, and mentioned the Parliamentary inquiry, which I promised to write a follow-up article on, as the first inquiry was going to be held on the same day as my article was being published. I sent it in to the
Citizen. The article was published...
And then it disappeared later that same day.
I wasn't aware of the article's disappearance at first, but I got a couple of emails, from one of the posters at
Free Dominion and from a blogger acquaintance of mine, who were asking what had happened to the original article. You see, it had been published in the print edition of the
Citizen, on the
Citizen website, and also on Canada.com, the website for the print section of the Can-West media empire, of which the
Citizen is a part. The text of the article on Canada.com had
disappeared, although the title remained, and at first I thought it might just be some weird glitch in the HTML of the page or something. So I pointed at least one of the concerned parties ( can't remember right now if it was both ) toward the version on the
Citizen website. But that, too, soon
disappeared; all that remained was a small piece of text telling the web-page viewer that the article was no longer available. The article had been picked up by
Global Calgary; that version
disappeared as well. The only available version left was up on
Free Dominion, where one poster had posted a copy of it. The
Free Dominion copy remains about the only one available - although I think another webforum or two have picked it up; I would say
Free Dominion remains the most credible.
Curious, I emailed the editor of the
Citizen to see what was up - was it a tech glitch; was there something wrong with the article?
I sent that email on a...Friday, if I remember correctly. Of course, it being the Thanksgiving long weekend, I didn't get a reply until Teusday. I was doing some work at my local food bank at the time, but I used their computer to check my email during a lull and saw a message from the
Citizen's editor.
In this email, I was informed that the
Citizen had been the subject of a complaint by Richard Warman, who was asserting that the claims that I had made in my article were incorrect, and who was threatening legal action. The
Citizen, and Can-West as a whole, had pulled the article until further notice.
Well, that shook me up a little. But alright. I could handle that. The
Citizen got a lawyer involved, and a representative from Can-West, who, along with the publisher and editor, and myself ( and, since I am still technically a minor, one of my parents as legal guardian ) started to try and resolve the issue.
From the start, I assured the
Citizen's editor that none of the claims that I had made about Richard Warman were false; I stood by my work. The
Citizen, and their lawyer, asked for my sources. I provided them. In fact, I provided a
lot of them, enlisting the help of a few family and friends to help me track them down ( the reason I didn't have them already, is because, since I've been following this for so long, I can quote a lot of it from memory, which makes research unnecessary ). I'll publish some of my source material over the next few days.
After this, myself, my legal guardian, the
Citizen's editor and publisher, and the Can-West representative held a conference call to discuss the issue and see where things were. A little more information was fleshed out, but as far as I can remember, nothing too much new came to light - except for one little nugget of gold: apparently Richard Warman had seen the article up on Canada.com, and, since under the title it simply read 'Walker Morrow, the Citizen', he assumed that it was the
Ottawa Citizen that had published the article, and threatened them first. In a later meeting, this was confirmed, and I learned that he was subsequently informed that he was threatening the wrong people, was put in contact with Can-West, which put him in contact with the
Cowichan Valley Citizen, and then continued with his threat.
At any rate, things continued on for a little while after the conference call - the article still wasn't put back up. Then, a rather strange development: the article was back up, but under the 'Cowichan Valley Citizen' instead of simply 'The Citizen' this time. And then...the article was gone again. How strange.
The next day, I had a meeting with the editor and publisher, with one of my parents present as legal guardian. At this meeting it was revealed that for some reason, perhaps because the article had somehow gotten included in one que or another, it had been posted briefly again. This prompted another complaint from Richard Warman, after which the article was taken down again.
But that was a sideline. The main event at this meeting was, simply put: where do we go from here? The editor and publisher wanted to issue a retraction and apology to address some of the issues that Richard Warman had raised. It was also revealed that Richard Warman had upped the ante: he was threatening to sue for monetary damages now, and that it seemed as if he was acting as his own legal counsel.
Here's the kicker: the editor and publisher had no real way of knowing if their clarification/apology would actually appease Richard Warman. Furthermore, I would have to sign my name to an agreement if they were to include my name in the clarification/apology. They showed me a copy of what they wanted to print:

As soon as I saw it, I was reluctant to sign my name to it. My parent suggested that any further decisions be left off until we ourselves had had a lawyer take a look at the clarification/apology.
Now, at the time, we had been consulting a little bit with a lawyer at a firm that is very friendly to our family. But after the meeting, we learned that this lawyer handled complaints for Can-West in the same capacity as the Citizen's lawyer did, and so for him to continue to give us advice would be a conflict of interest. My parent checked around, and the list of lawyers who have expertise in the particular field of media law who aren't employed by Can-West is actually pretty small. In fact, there was only one such local lawyer versed enough in the subject for us to consult with, whom we subsequently contacted.
Together, we sat down and looked at the clarification/apology, and my options. I was reluctant to sign my name to the clarification/apology, partly as a matter of pride and not wanting to give Richard Warman the satisfaction, and partly because I didn't think that the clarification was, well, actually clarifying the matter ( I'll post my parsing of the clarification later tonight ). Meanwhile, we put our lawyer on the case of trying to get ahold of the communications that Richard Warman had originally sent to the Citizen regarding my article, and which established the nature of his complaints ( because if the clarification/apology wasn't addressing those issues, there was no point in publishing it ).
From there, the next few weeks progressed rather slowly. I went back and forth with our lawyer, who was in contact with the Citizen's lawyer, and actually got my hands on Warman's threats regarding my article. It wasn't pretty; there were a helluva lot of demands. At the same time, I was putting together a refutation of the clarification/apology as it was, and put together a version which I would actually be willing to sign my name to.
Finally, to make a long story short, I received another version of the clarification/apology, this one even more strongly worded - against my article - than the version which I posted above. Again, I sent in a very pared-down version which I would be willing to sign my name to.
This version was rejected. The Citizen went ahead with its own version and excised my name from it. They published the clarification yesterday. It reads as follows:
Retraction and Apology
On October 9th, 2009 the Cowichan Valley Citizen published a column titled "Questionable conduct of CHRC". In this column, it was alleged that investigations were begun, not only by the RCMP, but by the Privacy Commissioner as well, and a Parliamentary Review of the CHRC's activities was conducted.
In publishing the column it was not made clear that these statements referred to the CHRC and not Mr. Warman. Further, that the criminal investigation had concluded without charges being laid and that the Privacy Commissioner determined that no breach of the Privacy Act occurred and that the privacy complaint was "not well-founded".
The column also referred to a "conflict of interest" and"corruption". It was not the intent of the Cowichan Valley Citizen that these statements be regarded as factual or refer to Richard Warman. The Cowichan Valley Citizen has no evidence that Richard Warman was in a conflict of interest, corrupt or subject to a criminal investigation or an investigation by the Privacy Commission.
The Cowichan Valley Citizen hereby wholly and unreservedly apologizes to Mr. Warman and regrets any embarrassment this column may have caused Mr. Warman.
Needless to say, I'm pretty pissed. However, as this post is getting rather long, I will write my thoughts in another post tonight or tomorrow, as well as the reasoning behind my upcoming resignation from the
Citizen. Stay tuned...