CRTC vs. Shoan dispute in full public view

The federal government and the CRTC have been unsuccessful in their attempt to have documents in the Federal Court case CRTC commissioner Raj Shoan has brought against the CRTC shielded from public view, for the time being. It all relates to Shoan's attempt to overturn a CRTC decision that found the commissioner broke workplace-harassment rules, based on a third-party investigation. Federal Court Judge Jocelyne Gagné issued a directive on Wednesday that denied the government's request to have the documents in the case declared confidential because a motion requesting confidentiality had not yet been brought to court. On the same day, before that decision was issued, Federal Court registry officer Robert Lemoine wrote to the judge, indicating that the attorney general asked his office that material be kept away from public view until a motion could be brought forward. He noted that Shoan's legal counsel objected to this request. A draft motion from the attorney general, dated June 3, is on file in the case, indicating the government's intent to make its case for confidentiality at an undetermined date before the court in Toronto. The motion said it seeks to seal evidence in the case from public view, for reasons such as protecting the privacy of individuals who cooperated in the investigation and maintaining the integrity of future investigations. The CRTC filed a letter to the court, dated June 9, in which it said it was waiting for a court decision as to whether documents in the case would be kept confidential before sending an unredacted version of the investigator's report to both the court and Shoan, which Shoan had requested. The CRTC has said Shoan has already received a censored version of the report. The investigator's report, with some parts still redacted, is attached to an affidavit from Shoan that is now on the public record. The Wire Report viewed the document at the Ottawa Federal Court office and was also sent a copy from Shoan’s representative Diana McLachlan. CRTC spokeswoman Céline Legault said in an email that the Treasury Board's policy on harassment prevention requires that the identity of individuals in such cases remain confidential "as making this information public would have a chilling effect on future harassment complaints and harm the policy’s effectiveness." She added: "It is unfortunate that Commissioner Shoan has chosen to disregard this policy by putting such documents on the public record, particularly given that he is aware that the Attorney General of Canada intends to file a motion with the Federal Court requesting a confidentiality order." Shoan’s affidavit outlines how after becoming a commissioner in 2013, he noticed changes — in comparison to his time there as a senior policy analyst from 2004 to 2008 — in the governance of the commission, describing some of these changes as "subtle, others far more alarming." He said the new governance structure compromised the independence of commissioners. His filing indicates that he questioned many officials at the CRTC about his concerns, including Chairman Jean-Pierre Blais and senior staff members, but never received adequate responses. Shoan's affidavit outlines a number of email exchanges between himself and Amanda Cliff, the CRTC's executive director of communications, who filed the harassment complaint against him. One was in February 2014 when he questioned Cliff about the cultural diversity of names used in a public survey as part of the commission's Let's Talk TV review. "Are you serious?" was the response Shoan got from Cliff, according to his affidavit. He said he followed up with Cliff and later received an email from Blais directing him to stop asking about the issue and "move on." Shoan's affidavit outlines a number of exchanges with Cliff in the following months over issues such as the refusal of staff to provide support to him on a planned speech, and the deletion of a key part in the online version of a presentation he made to the Broadcast Educators Association of Canada in May 2014. The online version of the speech, Shoan said, did not include his comments about how Netflix Inc.'s success in Canada was "an example of Canadian broadcasters being caught flat-footed by foreign competition." The tension between Shoan and Cliff, according to the affidavit, escalated to the point where he indicated in a September 2014 email to Cliff, which was copied to several other CRTC officials, that he was considering making a complaint to the Office of the Public Service Integrity Commissioner (PSIC). This was over the fact that the CRTC communications department was preparing to implement a policy that would limit staff support for commissioners making public appearances not approved by the chairman, and that his concerns over the policy were not being dealt with, Shoan said in his affidavit. Shoan said later on that month he was informed that Cliff had filed a harassment complaint against him. The investigator's report, prepared by Laurin & Associates Conflict Management and Mediation, includes a note from Cliff that said Shoan's email last September was an "attempt to intimidate and coerce me into doing as he wants." Cliff added: "As a loyal public servant for over thirty years, I take Commissioner Shoan's attempt to destroy my career and my reputation very seriously." The third-party investigator's reported concluded: "The evidence is overwhelming to the effect that emails to fall squarely under the definition of harassment. He is disrespectful and abusive towards the complainant." Shoan's affidavit, the attached investigator's report and several other exhibits can be viewed here. — With reporting by Derek Abma at dabma@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

CRTC vs. Shoan dispute in full public view

Broadcast | June 11, 2015

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

CRTC vs. Shoan dispute in full public view

Broadcast | June 11, 2015

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Related Stories

UPDATED: CRTC commissioner dissents on pitch to subsidize northern internet service

CRTC launches consult on challenges in broadcasting market

OPINION: More competition does not require new competitors

CAB local news plan draws support from industry, jeers from music firms

Reuse & Permissions

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us