Know what your story is really about

ShareThisQUESTION: I cover a lot of court. This week a case came up where a man pleaded guilty to contravening the national parks act by not having a business licence for his rafting company. I did a quick search of this fellow's name and it has come up that he was convicted of three counts of sexual exploitation of teenage girls when he was their teacher in 2007 and sentenced to 14 months in jail. Is this relevant for a story about a breach of the National Parks Act? Should it be the lead or at the end of the story that he has an unrelated criminal record. I am leaning toward this is something the community should know but it seems like there is a level of uncomfortableness in the newsroom with the idea? Does that go too far or is his criminal record fair game?

Tanya Foubert
Reporter, Rocky Mountain Outlook

Answer by Edmonton Journal reporter Karen Kleiss

First off, the man's criminal history is part of the public record, and  you can put it in your story without fear of legal trouble. So this isn't a legal question, it's an ethical one, and each reporter will answer it differently. When I encounter a situation like this, I remind myself that the purpose of journalism is to convey as much information as is necessary to help readers fully understand what has happened in their community, so they can shape informed opinions and make informed decisions. So I would ask myself: What is this story really about? What do readers really need to know in order to understand what happened? In this case, the story is about a man who breached the National Parks Act and was sentenced for his actions. Readers need to understand the crime, and the punishment for that crime, so they can decide for themselves whether the laws are tough enough to protect the park system. So the information about the sexual exploitation conviction definitely doesn't belong in the lead, because that's not what the story is about. Now, should it go in the story near the end? This is a tougher question. First, I'd remind myself that the community learned about the teacher's exploitive behaviour when it he was sentenced for that crime. Second, I would consider the fact that he has served his time and paid his debt to society -- and he probably lost his job, too. Third, I would ask myself: Does the man's history of sex assault have any bearing whatsoever on his breach of the National Parks Act? I say it doesn't, and indeed the judge is unlikely to take the unrelated conviction into account when sentencing the man for this new crime. So I would leave it out of my story. Some reporters would say the man's criminal history speaks to his character and the public has a right to know about it, and that's also a valid conclusion. However, I would say that if you do decide to put it in, take care to explain the circumstances of the crime so readers come away with facts, and not just a vague impression that the man is an all-around bad guy.

Karen Kleiss recently completed a three-year tour of duty as the Edmonton Journal's legal affairs writer

Comments

Karen, you say: "First off, the man's criminal history is part of the public record, and you can put it in your story without fear of legal trouble . . . " I've always believed that in a jury trial in Canada, the accused's previous record cannot be mentioned in the reporting UNLESS the accused takes the stand and his previous offenses emerge in cross-examination. Otherwise, jury members might be unduly influenced by information not germane to the accusation at hand. In my own personal experience as a rookie reporter, in fact, I once precipitated a mistrial because I reported a previous offense of an accused that did not come up in testimony in a jury trial. Am I mistaken?
Typically, if the offence is serious enough to warrant a jury trial, a publication ban would prevent you from reporting on an accused's previous criminal record. However, in many cases, criminal records are introduced during bail hearings and if the Crown or defence fails to ask for a pub ban, then it's fair game to report. If you're researching a story on a person, getting their previous criminal record can be difficult if it hasn't already been introduced to a previous court proceeding. Sometimes though, it may be included in the court records, but whether or not you get to see this information depends on how friendly you are with the people who work in the court registry. As for the above case, I would say his previous criminal record of sexual exploitation should be reported. This is a tour guide we're talking about. How many parents would send their daughters out on a rafting trip with this guy if they knew about his recent past?
Claude: you're not mistaken - during a jury trial, you should not run information about the accused that the jury did not hear. But a parks licensing trial would not have been a jury matter, and even if it had been, the jury would have been dismissed when the accused pleaded guilty. Without a jury in the picture, any information can be legally published unless covered by a continuing publication ban - also clearly not the case here. Therefore, as Karen says, the question is an ethical one, not a legal issue.
Claude, you're right. I always give the same basic advice to younger reporters covering a jury trial: Don't report anything you didn't hear in the courtroom. Of course, once the jury has rendered a verdict, you can (usually) go ahead and publish what you know about the accused. This case wasn't a jury trial, and so there's no risk of causing a mistrial. Judges are supposed to have the ability to set aside information that isn't pertinent to their deliberations. I would like to say, too, that I didn't consider that the accused in this case is a tour guide who might be alone with young women. This certainly weighs in favour of publication, though I'm still not sure that I would publish it. I would need more information about the crime to make a decision.

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