Allegations of racism, human rights violations abound in unusual case of Harmony station

Board members of a Winnipeg radio station who were dismissed by a corporation tied to David Asper, executive VP CanWest Global Communications, say they are planning a federal court appeal of a CRTC decision in a bid to overturn their dismissal and regain control of the dormant station.The move comes in the wake of last week's rare decision by the CRTC to revoke the licence of Harmony Broadcasting Corp., the company operating CJWV-FM-which broadcast on air as Flava 109.7 FM-for breaching conditions and regulations since 2005.In a case likely to have a human rights component to it, Robert Blake, and his wife Majit Blake say they will launch the appeal on the grounds that they were unfairly dismissed, alleging that race played a factor. Blake, who is black-and his wife is a Sikh-says further details about the appeal will be revealed at a press conference in early August."I have never seen a blatant disregard for human rights in my entire life ever, and I'm from Tennessee, the home of the Klan," Blake told Canadian Communications Reports.The licence withdrawal comes amidst the backdrop of a simmering ownership dispute that pitted the Blakes against Asper and Harmony's original owner Franc Capozzolo. Details of the dispute first came to light in a public hearing held on June 4 in Winnipeg, MB, to determine Capozzolo's eligibility to hold a licence after repeated violations of CRTC regulations.In the hearing, it was revealed that Harmony's former board members had been replaced with new members without CRTC approval, paving the way for Asper to become the new owner, replacing Cappozzolo. The Blakes, Peter Bjorkland, and Paula Bjorkland were identified as the members who had been removed.How Asper gained ownership of the station can be traced to May 2007. According to a Canada Gazette notice on April 12, 2008, the entity known as Harmony Broadcasting Corp. was dissolved on May 18 last year to be revived on Jan. 18, 2008. According to the notice, details of the dissolution were contained in a letter sent to the CRTC, which also mentioned that the old board "has since resigned, replaced by an entirely new board of directors, pursuant to the terms contained in a letter of offer between 5560731 Manitoba Inc. and Mr. Franc Capozzolo dated January 10, 2008."The letter also stipulated that Capozzolo resigned as owner of Harmony and that the new board permit a "favourable vote" to Asper to become the new owner. The CRTC noted that it was "concerned" at the "apparent change" of control, emphasizing that the new turn of events might affect the operations of the not-for-profit radio station.Under the terms of the new arrangement, Asper agreed to hire Capozzolo as an announcer and pay him a salary of $60,000 a year for three years. Asper also agreed to pay Capozzola $896,000, money he claimed was owed to him by Harmony for past work and investments he funnelled into the hip-hop station.At the Winnipeg hearing, David Kovnats, a lawyer representing the Blakes and the Bjorklands objected to the presence of the new board members, and also asked the commission to subpoena a number of people, including Don Douglas, a lawyer who was said to have represented the old board members but switched sides to work on Asper's behalf, raising potential conflict of interest issues and breach of client confidentiality. Reached by phone at his Winnipeg office, Douglas declined to comment. Asper also did not return repeated phone calls to his office.However, at the hearing, alleged tales of corruption, fraudulent activities, and racist statements against blacks and natives were attributed to Capozzolo's management style. The transcript of the hearing does not show Capozzolo responding to these allegations. One intervener, a former employee, who claimed he was fired without due process, also criticized the CRTC for failing to investigate the station and allowing it a licence to operate."You gave Mr. Capozzolo a licence to destroy people's lives when the licence was renewed because you did nothing to verify the operation was controlled by a responsible board of directors," Devol Dryden told commissioners at the hearing."Now you stand in judgement of whether to ignore the past and pretend it can be made right."In the Winnipeg market, Flava 109.7 FM tried to carve itself a niche as a hip-hop radio station and was doing quite well until it was forced to go off the air last October, following a list of troubles dating back four years, according to the CRTC.It is not clear why Asper, who is also chair of the National Post newspaper, would be interested in a non-profit campus radio station, but as a renowned businessman, the former lawyer has vast business and philanthropic interests. It is also not clear whether Asper was aware of the alleged issues pertaining to Capozzolo's management of the station.

Allegations of racism, human rights violations abound in unusual case of Harmony station

Broadcast | July 30, 2008

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