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Kelowna reporter under investigation for undercover drug buy that led to police raid
Castanet reporter Kelly Hayes has some serious cojones. But it seems the RCMP thinks they may be a little too big. (Castanet is an established Kelowna news website)
Hayes made an undercover drug buy, filmed the deal, turned the evidence over to the cops, and is now apparently being investigated by the RCMP for his actions.
Earlier this month, a Kelowna resident contacted Hayes to complain about the constant traffic and relentless noise at the apartment unit above her. She took video and, convinced her neighbour was a drug deal, spoke to the RCMP. She was told she didn’t have proof, so she then went to Castanet, which showed a hell of a lot more initiative. Here’s Hayes’s story.
He went undercover as a pothead, bot $40 worth of weed, then turned the whole thing, plus the video evidence, over to the cops. Hours later, police raided the unit.
The RCMP said they were already monitoring the house. Castanet news director Trevor Rockliffe said Hayes was being monitored during the transaction to ensure his safety.
From the story:
“Kelly told the RCMP and we waited a couple of weeks for something to happen, when nothing was being done we shot the video.”
The news director says he prefers his team to report the news and not be the news, but sometimes you have to do what you can to help people.
“Our concern is for the neighbour who brought the complaint to us. She is at risk, and she knows it. She was put at risk by the city when they tried to send a letter to her stating they were looking into the drug situation at the property. The letter never reached her, it was addressed to the dealers upstairs. Something had to be done.”
Three people are facing charges, but the RCMP say they are also investigating Hayes’s actions. They told Castanet:
“We are considering the totality of the circumstances including the quantity of drugs and the intent of the transaction on his part. We are continuing to consult with Crown Counsel.”
The RCMP spokesperson said the force doesn’t condone the actions and that Hayes “committed a criminal offence” (which could be a legally risky thing to say).
Hayes told the Vancouver Sun that he’s upset that he could face charges.
“I was pissed,” Hayes said, saying it was the RCMP’s idea that Stein go public with the story. The Kelowna RCMP did not make anyone available on Sunday to discuss the case.
This isn’t the first video shot by Hayes to lead to criminal charges—but the last time it happened, it was a Mountie who ended up in court. (The Mountie was recently acquitted on one assault charge but still faces the count linked to Hayes’s video.)
If I was Hayes I wouldn’t be too worried. The fact that the RCMP officer is speaking about “the intent of the transaction” seems designed to give the cops and Crown counsel the ability to not lay charges. It’s understandable that they want to discourage people from orchestrating their own undercover drug buys. So they’ll likely huff and they’ll puff and in the end no charges will be laid. At least I’d assume that’s what will happen. Still, I can understand Kelly’s concern. He did, after all, buy $40 worth of pot, on camera.
Mounties, Whistler News website square off
In which news website The Whistler News publishes a post with the headline “Whistler RCMP Accused Of Unlawful News Disclosure” and the Whistler RCMP issue a public reply:
In an unbylined article, the News cites the Official Languages Act, of all things, to condemn the Mounties:
The Whistler RCMP Detachment on the week of July 22 – 28, 2012 refused to share the weekly news information via the public RCMP websites or directly via email with all members of the public who requested it. The only possible way to receive the news information from the Whistler RCMP Detachment was to appear in person on Tuesdays at 4:00 PM. The accusation of unlawful information disclosure has been voiced by some members of the community. The allegation claims that by forcing people to enter the RCMP Detachment that it is a denial of freedom of speech as guaranteed by the Canadian Charter Of Rights and Freedoms. The claim is based upon the fact that the area inside the Whistler RCMP Detachment is not neutral ground, therefore some members of the public are automatically denied freedom of speech and expression by the unequal sharing of weekly news information by the Whistler RCMP Detachment.
The following example is given as evidence to support the allegation brought forward against the Whistler RCMP Detachment.
- On Thursday July 19, 2012 The Whistler News contacted the Whistler RCMP Detachment to request that the weekly news updates be provided.
- RCMP Sergent Rob Knapton noted that the weekly update news information is not shared via email or the RCMP websites, but instead in an in-person meeting.
- An invitation was provided to the meeting which was scheduled for Tuesday July 24, 2012 at 4:00 PM at the Whistler RCMP Detachment.
- The news information is provided on a weekly basis in English only.
And the Mounties issued a public reply to The Whistler News‘ claim:
Last night (July 25th) I received an email from the Whistler News via the BC RCMP email address. The email expressed concerns with not having received our media release pertaining to speeding vehicles in Whistler. This morning, while looking into this matter and hoping to address this privately with you, I discovered that you chose to publish your article called Whistler RCMP Accused of Unlawful News Disclosure without giving us a chance to respond or comment.
The news release on the speeding vehicles was fanned out via our media email distribution list and widely covered by media. I am concerned that you neglected to state in your article that you had recently asked to be removed from that very list. In fact, you stated
I never saw anything regarding Whistler in my inbox so I asked to be removed from it a couple of weeks ago.Your article then states that the Whistler RCMP’s weekly media briefing is
forcing people to enter the RCMP Detachmentand you call thata denial of freedom of speech. For clarity, people are not forced to attend the RCMP Detachment unless they’re under arrest. Media are invited to attend to be briefed on local issues. That is a longstanding practice in many RCMP Detachments and is done as a courtesy to local media. Your assertion that we have somehow impacted your freedom of speech is absurd.If you would like to be re-added to our media email distribution list please advise and I will see to it that you are immediately re-added.
Supt Ray Bernoties
Officer in Charge
BC RCMP Communications
So, I think we can give that round to the Mounties.
A couple other points: The Whistler News seems to like the local Whistler RCMP press releases, seeing how they regularly publish them verbatim with no editing. Also, who writes or edits this site? Most articles are written by “Staff Journalist.” I see some very good Canada Day photos attributed to [REDACTED at the request of the photographer to preserve his Google results]. But no one’s taking credit for the words.
Afraid for her safety, Burnaby reporter blogs about restraining order troubles
Burnaby Now reporter Janaya Fuller-Evans has written a blog post in which she says she fears for her family’s safety because of the RCMP’s inability or unwillingness to enforce a civil restraining order against her drug-addicted ex-husband.
On Wednesday, Fuller-Evans published a post on her personal blog about the difficulties she has had enforcing a civil restraining order against her ex-husband, who is now homeless and addicted to crack cocaine and heroin.
The restraining order was granted in March. Fuller-Evans writes that since then, her husband has repeatedly breached it. She’s called police in the past, and was told her ex would be arrested “if he phoned or showed up, and it wasn’t regarding visitation.”
This week, after another incident, Fuller-Evans called Mounties again. She writes:
The dispatcher spoke with her supervisor, and they both agreed they needed to send officers over to take a statement and then arrest Dan.
…
At 11:30 p.m. they called and said they couldn’t make it out because of a major incident – understandable. Then they told me they could only enforce the order if Dan didn’t return our son after a visit. This made no sense, as he’s not allowed unsupervised visits.
When I asked what I should do, I was told that if Dan assaults me, I could get a criminal restraining order, and they could arrest him. This was presented as my best option.
I know that the police are overworked, have incredibly long shifts, and encounter profoundly upsetting things on a daily basis. But I have a protection order that is enforceable, and thus far, they have not enforced it. Twice, when I called in, I was told it either didn’t exist or was cancelled.
She continues:
But I am saying this now, publicly – I am afraid for the safety of my family. I am afraid that we will leave our apartment one morning and he will be out there in a bad state.
Scary stuff and hopefully the RCMP will smarten up. Too often, the force’s right hand doesn’t know what the left hand is doing. (Indeed, while the tasering and the sexual harassment and the shootings get much of the press, I think (from personal experience) the force also has major internal communication that need to be remedied pronto.
Fuller-Evans is no stranger to dealing with other people’s drug addictions; last Sunday, she blogged about the toll drug addiction has taken on both her sister and her former best friend.
It’s a helpful reminder that sometimes the people reporters write about aren’t so different from the people they know, love, or have loved—for better or for worse.
When reporters attack
With the Keith Lacey/Osoyoos Times/RCMP thing having died down, I want to look at the hubbub from a journalism aspect.
Since I’m doing so anonymously, I’m consciously going to tread lightly and not burn Lacey too much. There’s not much point in piling on and it’s hard for him to defend himself.
That said, I think there are important lessons to draw from the incident.
There are the obvious ones of course:
The column clearly needed more editing than it got (the last of which probably should have been to just say “Fuck It,” and hit the delete button). And it was definitely one of those that needs to simmer a while in the edit-later box before being posted or printed. A couple edits, I think, gets rid of some of the indulgences Lacey allowed himself with the piece.
But mainly, I want to address some the larger questions.
1. Let’s deal with naming the officer. Lacey regrets doing so, and it was clearly the name that got RCMP brass so upset. But if you’re going to publish the article, is there any journalism-ethics reason to omit the name?
I don’t think there is (although there is clearly a tactical reason, vis-a-vis one’s relationship with the RCMP). You have a name, you print it. That’s kinda how it works, so long as you have a story in the first place.
2. The first thing I thought when I read the RCMP reply was that the communications officer in question seemed to be putting himself in an awkward position. To allude to a video, but then not to release it, seemed strange and not exactly kosher.
3. The word slander is thrown around far, far too much.
4. It’s important, I think, to build relationships behind the scenes with RCMP officers and to show them that you are willing to be fair, even if they aren’t always going to like what you write.
I had an officer casually threaten to throw me in jail once. It was nothing big and it was an empty threat to get me to move out of a quasi-police scene.Seeing that I was on my way out, already, I left without making a scene. But after it happened, I casually mentioned it to a contact at the local cop shop, who said that shouldn’t have happened. The issue was solved, my point was made and my contacts were reminded that I was reasonable and fair.
There are too many problems created when people—journalists and non-journalists—feel attacked and decide to go on the offensive. We see it happen too often at all levels of every profession and it almost always ends badly, with little resolved.
Sure, sometimes you need to write a song like “United Breaks Guitars,” but only after you exhaust all other options (as the singer did in that case). The right to legitimately and ethically launch a written attack on someone or something for a personal slight is a privilege that must be earned through repeated and prolonged suffering and humiliation. (Which is why it’s important to put down the attack piece for a day or two and consider whether your feelings simmer.)
Here, with his two cents, is Jeff Lee’s opinion on things from the comments section of the original story:
The real problem with this story is that it has the potential to hurt a lot of serious and well-meaning journalists.
The RCMP have, in recent years, seemed to crash from one side of the room to the other with publicity and credibility gaffs. The Robert Dziekanski taser incident. The handling of the Pickton investigation. Allegations of harassment of female Mounties by their own colleagues. Etc. etc. etc. They don’t really need our help in pointing out their flaws.But at their basic they’re also professional force and for every bad apple there’s a whole orchard of good people. Sometimes they mess up. But more often than not they do a fine job.
In this case, I am surprised and disturbed that a member of the media would use a forum such as an editorial for such a personal attack. The old saying “never get into a fight with someone who buys ink by the barrel” isn’t a license to attack someone who is doing their job, even if you don’t like the job they’re doing.
I’ve lived in small towns and I’ve seen cops – human beings – do stupid things as much as the guy next door. But I also would expect them to do their job and if that means pulling over someone who is coming out of a bar, restaurant, whatever, that shouldn’t be too surprising. I once watched the Boston Bar RCMP detachment set up a roadblock at closing time outside the only bar in town, much to the imbibing population. A lot of people walked home that night.
The appropriate thing, if you think you are being unfairly targeted, is to take the officer’s information and make a complaint to his superior or to the RCMP Public Complaints Commission.
Getting into a very VERY public pissing match with the officer – especially in a small town where everybody knows each other and your kids are likely to be on the same minor hockey team – doesn’t usually end well. This editor is going to have a credibility problem, and in our business credibility and integrity are the only tangible commodities we have.
I’m not suggesting one should roll over when faced with a bully cop. But cool heads, common sense and the shelving of ego and sense of entitlement as a journalist would better resolve these kinds of disputes.
Frankly, as a journalist of more than 30 years, I would never gratuitously wave my credentials around. In fact, if anything, journalists need to be held to as high a public standard as police, judges, politicians and others they cover.
We live in a goldfish bowl, and to mix metaphors, what’s good for the goose is good for the gander.
Personally, I want to see the video. I also am curious to hear what the owner of the newspaper has to say about this
Osoyoos Times editor apologizes
Osoyoos Times editor Keith Lacey posted an apology today to the RCMP officer he singled out in his notorious column last week.
It reads:
I owe a sincere and heartfelt apology to Cpl. Ryan S. McLeod of the Royal Canadian Mounted Police for comments that appeared in the Wednesday, Feb. 8 edition of the Osoyoos Times.
I fully realize the experienced officer was only doing his job the night in question and my over reaction to what happened between him and I was inappropriate, regardless of what transpired during those 20 minutes.
It was also inappropriate to insist the encounter was embarrassing and humiliating as the officer was respectful at all times in conducting his duties.
Police officers have a very difficult job to do and Cpl. McLeod was simply performing his duties on the night in question and it was not appropriate for me to react the way I did and for that, I remain deeply sorry.
As has been pointed out to me in clear detail since this incident, Cpl. McLeod takes the issue of drinking and driving very seriously and he is well within his rights as a police officer in British Columbia to pull over anyone he suspects may have been consuming alcohol.
Once the readings were revealed, the officer did tell me I was free to go and, once again, there was a complete over reaction on my part.
I realize I let emotion get the better of me, which I sincerely regret.
As a veteran journalist, I know the power of words and much of the language and comments I made about Cpl. McLeod in the performance of his duties were uncalled for.
Cpl. McLeod did not at any time attempt to humiliate or embarrass me and he handled himself professionally and was not confrontational during our encounter.
He did not deserve to be singled out for simply doing his job and I remain truly sorry for what has transpired.
Cpl. McLeod does not make the laws of Canada or British Columbia, but simply enforces them and my inability to acknowledge and recognize this comes with deep regret.
My written account was unfair to Cpl. McLeod and fellow RCMP officers and I assure you this will not happen again.
I deeply regret this incident ever occurred and the damage I have caused to Cpl. McLeod’s reputation.
Keith Lacey
Editor – Osoyoos Times
A very nice apology, indeed. Although the last sentence would be more accurate if he substituted his own name for that of McLeod (whose reputation, I think, remains very much intact).
The best (and worst) comments about Osoyoos Times saga
As a general rule, I don’t read websites’ comments sections. Generally, they seem to be filled out by writers who just like to see their words on a screen. Debate turns into sniping too quickly, and actual conversation is drowned out by idiots.
In general, though, the more niche an audience or community, the better the comments section. This blog usually appeals to no more than a couple hundred writers. That fact means that the comments section has thus far functioned as certain web utopians think online discussions should: enabling interested parties to engage in a thoughtful discussion and fostering community.
Clearly, though, things go awry when Joe and Jane Public get involved.
Last week, thousands of visitors interested in the Osoyoos Times thing visited this blog. Dozens took the time to comment. Some posts were thoughtful. Others showed emotion. Some drew on personal experience. And others were idiotic, mean-spirited, repetitive or pointless.
For those who didn’t want to wade through all those, I’ve collected a handful of the best comments. Sometime in the near future, I plan to write about what (I think) the whole episode says about, and means to, local B.C. journalists. (I’ll also exerpt Jeff Lee’s comments at that time, instead of below).
Anyways, some half-decent comments:
Anonymous:
Fred:
Greg Irvine:
Tom Larkin:
Anonymous:
[I like that comment, but the last sentence is notable (and irritating) in how it shows how the public sees opinion writing versus news writing. Opinion writing does need to be factual, but it can also be slanted towards one's opinon, obviously.]
Jack:
Anonymous
[I'm not a huge Jesus aficionado, but I like the sentiment.]
Tom Larking, again:
John Taylor:
And then John and Tom break for some geneology chat:
Another great one from a cop:
And somebody points out that the RCMP letter may not cast the writer in the best light either:
And one of the worst that I really felt the need to address:
RCMP member “Mike” advocates clamping down on free speech:
Really? Public mischief? The day something I write gets me charged with public mischief is the day I frame my court summons.
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