(PEN Canada/IFEX) – The following is a 29 November 2006 PEN Canada media release: Court orders writer to turn over documents used for book Toronto, 29 November 2006 – The identity of confidential sources used in the writing of a book by journalist Derek Finkle could be compromised by a criminal subpoena he received, ordering […]
(PEN Canada/IFEX) – The following is a 29 November 2006 PEN Canada media release:
Court orders writer to turn over documents used for book
Toronto, 29 November 2006 – The identity of confidential sources used in the writing of a book by journalist Derek Finkle could be compromised by a criminal subpoena he received, ordering him to turn over to the court his research material, PEN Canada says.
Finkle, who is the author of No Claim to Mercy, an award-winning account of the 1990 murder of Elizabeth Bain, whose body was never found, has been ordered by the Ontario Superior Court of Justice to hand over all documents relating to the preparation of the book. The Crown is preparing for a re-trial on second-degree murder charges following a decision in 2004 that quashed the 1992 murder conviction of Robert Baltovich, who was Bain’s then-boyfriend.
“PEN Canada believes that the Crown has embarked on nothing more than a fishing expedition to arm itself with ammunition to attack the credibility of Robert Baltovich before a court of law,” said the organization’s National Affairs Chair Christopher Waddell. “Furthermore, our concern is that, by being compelled to hand over his material, Derek Finkle’s confidential sources could be revealed during the trial process.”
Waddell added that, should such an outcome occur, it could hamper efforts of other writers in Canada to rely on and gain the trust of potential sources of information for similar cases, including those apparently wrongly-convicted themselves, such as Baltovich.
In addition, Waddell highlighted the need for politicians to make clear to police forces that they cannot use such tactics to intimidate the media and silence critics, not to mention having the media do the police’s work for them.
Baltovich was released on bail in March 2000, after a judge’s decision said that the case against him “was wholly circumstantial.” In December 2004, the Ontario Court of Appeal set aside Baltovich’s conviction and ordered a new trial. The court ruled that the trial judge’s charge to the jury was unfair and unbalanced, and contained significant legal errors that were prejudicial to Baltovich.
The re-trial of Baltovich is scheduled to take place in September 2007.
About PEN Canada: PEN Canada is a centre of International PEN that campaigns on behalf of writers around the world persecuted for the expression of their thoughts. In Canada, it supports the right to free expression as enshrined in Section 2(b) of the Charter of Rights and Freedoms.
