Letter to CBC Ombudsman

PMO Press Office: (613) 957-5555

Mr. David Bazay
Ombudsman CBC
P.O. Box 500
Station A
Toronto, Ontario
M5W 1E6

Dear Mr. Bazay:

I am writing to lodge an official complaint against the reporting by the CBC of the security surrounding last year's APEC Summit and of the RCMP Public Complaints Commission hearings on the matter.

Specifically, through articles in The Vancouver Sun and The Province in recent days, we have learned that CBC News, through lead journalist Terry Milewski, may from the beginning have had a specific and one-sided agenda on this issue. It appears Mr. Milewski has set out from the beginning to side with complainants, that he has secretly conspired with a complainant on legal strategies, and that he has sought to portray the government, in his own words, as "the Forces of Darkness."

On October 14, The Province revealed that Mr. Milewski "has been advising one of the protesters arrested during last year's APEC summit." It quotes from an e-mail from Craig Jones to Mr. Milewski: "Hey Terry, thanks for your note... I have passed on your comments and suggestions to Arvay (Mr. Jones' lawyer)." The newspaper has also revealed that Mr. Milewski advised Mr. Jones and his lawyer on "examination of government witnesses", with the proviso, in the words of Mr. Milewski, "don't credit me or onpass to other media, of course." The Vancouver Sun, on October 15, revealed that Mr. Milewski gave "advice on what witnesses should be called."

All the time that Mr. Milewski has been secretly advising Mr. Jones and Mr. Arvay, his APEC reports have been featured prominently on the CBC, without any mention of this clear conflict of interest.

Indeed, the documentary evidence made public by The Vancouver Sun and The Province also makes very clear the intention and agenda of Mr. Milewski, if not the CBC. According to The Vancouver Sun on October 10, in his e-mail, "Mr. Milewski provided (to Mr. Jones) a synopsis of information he obtained from a confidential document and made unflattering comments about police and federal lawyers." The Province, on October 14, revealed this passage from an e-mail from Mr. Milewski to Mr. Jones: "Thanks again for your help on this story. Not much news in tonight's, I'm afraid -- we only just got on the air at all -- so we must await Jones vs. The Forces of Darkness in the courts for our next attempt to milk it."

The e-mails revealed in the newspapers are, we understand, only a fraction of those written by Mr. Milewski which are in the possession of the RCMP Public Complaints Commission. I encourage you to contact the Commission to obtain the remainder of these documents.

Clearly, the issue here is not aggressive reporting. On the APEC matter, as with any other subject or issue, there can be no complaint against vigorous and probing journalism. It is essential in a democracy. Indeed, through the years this fair and vigilant approach has been a hallmark of the CBC. Moreover, we in this office and government have enjoyed and continue to enjoy cordial and professional relations with CBC journalists. Their standards are among the highest in the industry.

What we are dealing with is a concerted campaign to, in the words of Mr. Milewski, "milk" the APEC issue, and promote a one-sided account, while working secretly with an interested party in the matter.

As the CBC's lead reporter on APEC, Mr. Milewski presumably advises CBC News on the relative importance of issues at the inquiry and decides the emphasis with which they are reported. We believe that has affected coverage of this issue.

For instance: On September 8, Mr. Milewski reported that there are "internal government documents showing (emphasis added) that they (the PMO and RCMP) were determined to keep a lid on protests even if they had no legitimate security grounds for doing so" - a claim that has not been substantiated.

On September 12, the CBC told viewers that it had obtained documents "the government had never meant for you to see or even know about;" in fact, these very documents were submitted by the government to the Public Complaints Commission. On that same newscast, Mr. Milewski closed his report with this sarcastic and biassed commentary: "It is true that not all of the documents dug up by the Complaints Commission put the Prime Minister's actions in a negative light. In fact, after the summit a diplomatic cable reported that a senior aide to President Suharto congratulated Canada saying 'my president was very pleased'..."

On September 22, the CBC National led its newscast by, astonishingly, equating the Prime Minister's situation regarding APEC to that of an American President facing impeachment hearings. This was, I emphasize, not an opinion piece, it was presented as news and as a fact. On September 23, the CBC reported that PMO aides had been "subpoenaed" to appear at the RCMP Complaints Commission hearings; in fact they volunteered.

As well, these biases have been underscored by the selective use of third parties in these news stories. Mr. Wesley Pue has been cited on the CBC as "a law professor who has been following this story from the start" (CBC National, September 9). In fact, according to documents tabled at the inquiry, Mr. Pue has not just been "following this story," he has been advising complainants. Furthermore, he has publicly called for the Prime Minister's resignation over APEC. Mr. Pue is certainly entitled to his views. But the CBC has an obligation to reveal this context.

These examples of bias are illustrative, not comprehensive. But they certainly give an indication of the one-sided coverage the CBC has given this issue. If the office of the Ombudsman decides to pursue this matter, we would be happy to provide it with more detailed and comprehensive analysis.

I should also note, with some astonishment, that the CBC, which has publicly prided itself on its leadership in reporting APEC-related stories, has not reported on Mr. Milewski's conflict of interest since it became public almost a week ago. On The National last night, only the most oblique and cryptic reference was made to Mr. Milewski's "correspondence that was part of the process in developing the story." None of the e-mail contents were exposed; rather, they were referred to as "private" correspondence. It is doubtful that if similar revelations came forward about any other public figure that the CBC would be so reticent.

This is a serious and deeply disturbing matter. Canadians have a right to expect honest, fair and balanced reporting from the CBC. These revelations indicate that as far as APEC is concerned, the CBC has provided anything but. And that in its biassed pursuits it may well have violated journalistic integrity and betrayed the confidence of Canadians.

That is why we have chosen to address this matter through the office of the CBC Ombudsman, an office open to all Canadians who have a grievance with reporting on the CBC. Indeed, our office certainly makes no claim to special privilege or consideration, only to the same rights all Canadians have in such circumstances.

We believe that an immediate investigation needs to be made into this matter, with full and complete disclosure to Canadians. As well, action must be taken to publicly correct the damage done and ensure that it is not continued.

The gravity of this matter is obvious. I am confident that your office will treat it with the seriousness it deserves.

Sincerely,
(Original signed by)

Peter Donolo
Director of Communications