By Canadian Press

Nova Scotia judge drops publication ban charge against Frank Magazine writer

Nov 4, 2016 | 6:00 AM

HALIFAX — A judge has dismissed a charge against a Halifax magazine writer accused of breaching a publication ban in a story that painted an unflattering portrait of an off-duty Nova Scotia police officer whose body was found dumped near an overpass leading to a harbour bridge.

The case against Andrew Douglas, the managing editor of the satire and gossip publication Frank Magazine, was dropped after the Crown appeared in provincial court on Friday to say no evidence would be provided.

Outside of court, Paul Carver, the chief Crown attorney for Halifax, said he had reviewed court rulings in similar cases provided by the defence, and done his own review, and concluded a prosecution of the journalist wasn’t viable.

“We took the opportunity to look at other decisions from across the country (and) didn’t feel they allowed us to make an argument sufficient to respond to the defence authorities,” said Carver.

Douglas said outside court the police had been attempting to send a message that a negative story about Truro police officer Catherine Campbell based on leaked documents wouldn’t be tolerated.

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“Law enforcement and the Crown just couldn’t believe we would publish this. In my opinion they set out to find a way to make Frank pay for it,” he said outside court.

“They wanted to see somebody bleed.”

A Halifax police spokeswoman said the force investigated in the same way they would approach any such case.

“We are disappointed in today’s outcome because we felt we had reasonable and probable grounds to lay a breach of publication ban charge, but we are respectful of the Crown’s discretion in this matter,” said Cindy Bayer.

Douglas was charged with breaching a ban shortly after the launch of a preliminary inquiry into the alleged homicide of Campbell last year.

Police alleged the magazine published a story online the same day the hearing began last July 11 and contained information that was subject to the ban.

The same story appeared in the print edition of the magazine, which appeared on newsstands on July 13. Douglas has said his story was researched, written and published ahead of the publication ban, after he received an envelope containing information about the officer’s off-duty activities.

Christopher Calvin Garnier is charged with second-degree murder in the death of Campbell, who served as a Truro police constable for six years before her death.

Her death drew national headlines, and police officers and firefighters lined the streets as her casket was brought to the church for her funeral in her hometown of Stellarton, N.S. 

Outside of court, Douglas said he considers Campbell’s death a tragedy, but nonetheless feels he was justified in providing the public with information about her that other media chose not to publish.

“I think prior to Frank Magazine the public as a whole was missing quite a large piece of the puzzle …  I think this piece of context you’re going to keep seeing throughout this prosecution,” he said.

Joel Pink, Garnier’s defence lawyer, said in a telephone interview he doesn’t have a position on the journalistic ethics of Douglas’s decision.

“I’m not so sure it was necessary, but it’s his (Douglas’s) decision,” said Pink.

He said he plans to argue for the admissible of the same material during the trial scheduled for his 28-year-old client, who remains in custody.

“I’m not one to do a character assassination to someone in that predicament … There’s a time and a place, and I will do it at the proper time,” he said.

When Douglas first appeared in court on Sept. 6, the Crown insisted it had a clear case against Douglas. Outside of court, Crown attorney Catherine Cogswell said Douglas’s position was contrary to her understanding of the criminal law.

But in correspondence with the Crown that Douglas released on Friday, his lawyers told the prosecutors’ office there had been a series of cases supporting their stance that the publication ban couldn’t be imposed on materials received independently of the case.

Michael Tutton, The Canadian Press