All posts by Mary MacDonald

CBC revamping employee social media guidelines; less restrictive than other broadcasters

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Credit: Mary MacDonald
Credit: Mary MacDonald

The CBC expects to unveil its new social media guidelines for employees in September 2016. It will replace existing guidelines, adopted in 2007, and revised in 2010. The policy regulates employee conduct both on and off the job, while setting out standards of behaviour for employees using social media.




The CBC’s 2007 employee social media guidelines were released following an Access to Information request by an applicant and later made available at its website. In crafting a new policy CBC must tread a path that both upholds its reputation as Canada’s public broadcaster while also respecting its employees’ rights to freedom of expression. Every CBC employee must read and affirm their compliance with the broadcaster’s social media guidelines.

The news and broadcasting industry places a high premium on safeguarding core values of non-partisanship and lack of bias. The credibility of a reputable news organization rests on objective reporting of events. The CBC’s employee social media policy incorporates elements of its other HR codes, including its Employee Code of Ethics and Code of Conduct, which prohibits the publishing of racist or other discriminatory content. In contrast to its competitors in the private sector, the CBC shoulders the burden of protecting the Charter rights of employees when crafting a social media policy. Employees of the broadcaster are required to uphold the corporation’s core values both on the job and in their off-duty time.

Similar restrictions are in place at Reuters, the Associated Press other broadcasters. An important difference between these competitors and CBC is that as a public news and entertainment provider, CBC must adhere to federal statutes, most notably the Charter of Rights. When creating a social media set of guidelines for employees, the CBC must exercise caution in not infringing on certain provisions of the Canadian Charter.

Professor Wayne MacKay is a constitutional expert who teaches law at Dalhousie University. He said the CBC has a higher standard to meet compared to private sector news organizations when employee codes such as a social media policy are drafted. This is reflected in tighter provisions contained in some CBC competitor codes. For example, Reuters and the Associated Press strongly discourage employees ‘liking’ tweets or comments on other individual’s feeds, especially those that contain news reports or contentious material.

Adapted from a survey of twelve media organizations’ employee social media guidelines as depicted in Table 1, page 208 of Managing Social Media Use: Whither Social Media Guidelines in News Organizations by authors Michaël Opgenhaffen & Leen d’Haenens. The International Journal on Media Management, 17:201–216, 2015.

CBC Media Relations manager Alexandra Fortier explains that the CBC has no restriction on such activity. Ms. Fortier refused to comment when asked if a CBC employee had ever challenged the provisions in the existing corporate guidelines, citing privacy. When asked about the CBC’s less restrictive approach to employees ‘liking’ news-related content published on colleague’s Twitter feeds, Professor MacKay noted that a judge in the U.S. recently ruled that ‘liking’ on social media is a form of freedom of speech.

The CBC expects its employees to make a distinction between their official CBC accounts and personal social media platforms. They are asked not to publish anything that they would not feel comfortable saying in a job-related capacity. Despite its vigilance in safeguarding its reputation as a non-partisan news and entertainment provider to Canadians, the broadcaster must balance these priorities with other considerations – to a greater extent than is the case with others in the industry.

The task at hand is to strike a balance between intersecting interests while meeting its mandate to the Canadian public.

Robert Batherson – Consummate PR wizard and networker

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Robert Batherson is a native Cape Bretoner who has held a high profile presence in political and business circles for the past two decades. A Halifax resident, he is a 1997 graduate of Mount Saint Vincent University’s Public Relations program. His LinkedIn profile showcases a vast network of political connections, starting with a stint in Ottawa shortly after his graduation as a Special Assistant within the Parliament of Canada.

Political roles

After a year-long term as a Special Assistant, he served as an Ottawa Legislative Assistant prior to returning to Nova Scotia in 1999. He joined the newly-elected Hamm government as Press Secretary. His public relations training was put to further use when he was appointed Deputy Communications Director to Premier John Hamm in 2003. A loyal Conservative Party supporter, he established his credentials as a communications specialist while immersing himself in the world of provincial politics.

Other roles

While serving the Hamm government Batherson took on additional roles including Principal Secretary with the provincial Progressive Conservatives (PC) . Current PC MLA Chris D’Entremont worked alongside Batherson during the Hamm era. He recalls the many ways Batherson was involved in Party politics. He was a PC candidate in the Sackville-Cobequid riding during the 1998 provincial election, D’Entremont said.

Post-Hamm era activities

Following his tenure as Premier Hamm’s spokesperson, Batherson was well-placed to consolidate his role as key political organizer for the Tories, and to put his political acumen to use as an analyst for CBC supper hour news. He appeared as a frequent commentator on provincial politics on CBC televised newscasts between 2005 and 2007. Batherson was a familiar face to CBC supper hour viewers, often appearing with well-known political columnists such as Marilla Stephenson. He also established a career with a local public relations firm. In addition to his ongoing contributions to the PC Party, Batherson became a well-known community networker in Halifax business circles, serving on HRM committees and gaining positions on various Boards of Directors, including the Halifax Chamber of Commerce and Neptune Theatre.

Directorships

Rob Batherson seamlessly integrated his political, community and business contacts in forging a reputation as a highly-engaged community supporter. He is involved with his local PC Constituency Association in Armdale. In 2013 he was selected by HRM Councillors as the Halifax citizen representative on the Halifax International Airport Authority Board of Directors. The May 2016 edition of Business Voice toasts his recent appointment as Honorary Director of the Neptune Foundation, following his distinguished service as a member of the theatre’s Board of directors. Alongside his business interests Rob Batherson served as President of the provincial PC Party between 2010 and 2011.

Political donor and lobbyist

A search of registered lobbyists in Nova Scotia reveals that along with his public relations practice, Batherson has a wide selection of clients in lobbying circles. His clients number well over a dozen and range from the telecommunications and pharmaceutical industries to payday loan companies. He is a financial supporter of the PC Party and his local PC candidate, having contributed to Irvine Carvery’s 2013 campaign together with a 2014 donation of $1,437.00 to the N.S. Tories. His west-end Halifax residence is listed at an assessed value of $341,800.00.

An engaging personality

Linda Mosher is a long-serving HRM Councillor in whose district Batherson resides. She mentions Batherson’s enthusiasm for his community and his astuteness in budget management as two of his notable qualities. “He takes transit everywhere” Mosher says of her constituent who, at a moment’s notice, was willing to hop on an HRM Christmas float with his young son. D’Entremont credits Batherson as “well-spoken, personable and a terrific dad” to his son.

Judicial Immunity and the ‘public interest’

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The doctrine of judicial immunity is a principle wedded to Canada’s court system. It protects federally-appointed judges from scrutiny while immunizing them from civil liability from both plaintiffs and defendants who believe their interests were harmed by judges.

The principle of judicial immunity has been upheld by Canada’s Supreme Court in at least two decisions, the most recent being Mackeigan v. Hickman, [1989]. Black’s Law Dictionary defines judicial immunity as [the] term that describes the immunity that a judge has from civil liability for actions performed as a judge.

The rationale for judicial immunity is two-fold: it is said to be in the public interest that judges can exercise their duties and adjudicate matters before them free of external coercion or pressure; and that such duties are executed without fear of reprisals or litigation by parties who feel wronged by their decisions.

The principle of immunity does not immunize judges from inappropriate conduct or comments they make within their scope of duties. The Canadian Judicial Council is a body that accepts complaints from the public who believe a judge has behaved inappropriately within their adjudicative capacity. It cannot, however accept complaints about the decision-making role ambit of a judge, nor any errors in law he or she made that was later reversed by an appeals court.

Lyle Howe is a Halifax lawyer whose odyssey through the justice system began in 2011. A night of socializing led to a sexual assault charge that wound its way through the courts until the charge was dropped by the Crown in Feb. 2016.

The defendant sat through a preliminary hearing in 2012 followed by a trial by jury in May 2014. After a month-long trial he was convicted of sexual assault. It wasn’t until Sept. 2015 that an appeals court decision by three judges set aside that conviction.

Lyle Howe (to the right) Credit: Mary MacDonald
Lyle Howe (to the right)
Credit: Mary MacDonald

The three-judge appeals panel found that the presiding judge at trial made errors in law in his instructions to the jury. In an interview below, the defendant talks about the aftermath of that conviction and reflects on how the outcome may have been different had the judge not erred in both his decision-making and instructions.

An excerpt from R v Howe, 2015 NSCA 84 annotated in DocumentCloud
(click inside the annotation to see the entire document and other annotations)



Source: http://www.canlii.org/en/index.html

An excerpt from R v Howe, 2015 NSCA 84 annotated in DocumentCloud
(click inside the annotation to see the entire document and other annotations)



Source: http://www.canlii.org/en/index.html

An excerpt from R v Howe, 2015 NSCA 84 annotated in DocumentCloud
(click inside the annotation to see the entire document and other annotations)



Source: http://www.canlii.org/en/index.html

Howe realizes that answers will likely never be forthcoming to reconcile the trial judge’s decision-making. He is absolved from explaining errors – as are all members of the judiciary – by the doctrine of judicial immunity.

Interview with defendant Howe

In cases where a defendant is adversely affected by a judge’s errors in decision-making, the legal system offers no remedy other than the option of appeal. It does not recognize the proposition that the public interest may not be served if defendants experience adverse impact as a result of judicial errors.

As explained by legal scholar Adam Dodek, there is no mechanism in place to track the errors a particular judge makes during his or her tenure in the courts. It is possible that a judge could make errors in law in a series of cases over time, but face no consequences because the principle of judicial immunity is virtually invincible.

Professor Dodek, a legal expert at the University of Ottawa, explains that the doctrine of judicial immunity has been affirmed by the Supreme Court, and has not been successfully challenged in the lower courts.

In particular, Dodek rejects the theory that a defendant could be stigmatized by the consequences of a judicial error of law resulting in conviction.

Interview with legal scholar Adam Dodek of the University of Ottawa

Until the doctrine of judicial immunity is overturned, defendants have no civil recourse to judicial error other than waiting out what can be a lengthy appeals process, while being told that any adverse consequences take a back seat to the public interest.

Air Canada gains on low fuel costs; residual benefits for shareholders, passengers

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Despite a low Canadian dollar, Air Canada profits rise due to a continuing drop in jet fuel costs. Figures released in its Annual Report published this week show a marked decrease in operating costs. Compared to the previous year, 2015 jet fuel costs were down $35 million, after adjustments on foreign exchange rates. These savings boosted liquidity, and contributed to robust free cash flows.

Air Canada’s Stock Prices

Air Canada’s Stock Prices by mmacdona on TradingView.com

Source: TradingView.com

Figures from the operating expenses chart show a decline in costs. Those savings are offset by a drop in the Canadian dollar. Jet fuel is the air carrier’s chief operating expense and is paid in US dollars. The low value of the Canadian dollar has reduced fiscal gains in the range of 25 million dollars in expenses. Despite the poor exchange rate on the Canadian dollar, Air Canada exhibits strong corporate results across several key measurements, explained Fred Lazar, an economist at York University and an expert on the airline industry.

Other gains in net profit are a result of expenses recovered from Air Canada’s restructuring of debt and the recent bankruptcy of a heavy maintenance firm that serviced the air carrier, allowing it to find alternatives that led to significant cost savings. Overall, reduced costs helped boost the company’s operating cash flows by a wide margin. Although not a core financial instrument, the statement of cash flows helps stakeholders gauge a firm’s liquidity, solvency and general performance, according to the Canadian Institute of Chartered Accountants’ Handbook.

Source of data: 2015 Air Canada Annual Report

A portion of Air Canada’s financial statement annotated in DocumentCloud
(click inside the annotation to see the entire document and other annotations)



Source: 2015 Air Canada Annual Report

A portion of Air Canada’s financial statement annotated in DocumentCloud
(click inside the annotation to see the entire document and other annotations)



Source: 2015 Air Canada Annual Report

A portion of Air Canada’s financial statement annotated in DocumentCloud
(click inside the annotation to see the entire document and other annotations)



Source: 2015 Air Canada Annual Report

The net gains for Air Canada have not resulted in dividend payouts to shareholders, however. Lazar notes that other considerations may influence the Board of Directors’ decision with respect to dividends, including paying down debt, which will strengthen the carrier’s competitive position in the long term. Shareholders can opt to cash in on the company’s improved stock price, which rose by 69 cents per diluted share over the previous year. If shareholders decide to exercise that option, they will realize a capital gain over the original cost at purchase.

Consumers see less direct benefits from the slide in jet fuel prices, Lazar said. The analyst points to other recent changes introduced by the carrier to boost sales. Such incentives include seat sales, which are driven by competitor moves. In addition, Lazar notes that Air Canada recently reconfigured many aircraft in its fleet, adding seats to increase capacity and generate revenues. As the Alberta economy continues its downturn, expect fares to be periodically reduced in response to these and other economic events, he stated.

Source of data: 2015 Air Canada Annual Report

A portion of Air Canada’s financial statement annotated in DocumentCloud
(click inside the annotation to see the entire document and other annotations)



Source: 2015 Air Canada Annual Report

Despite a banner year, don’t expect Air Canada management to go on a spending spree or its Board of Directors to take a less cautionary approach. Commodity prices such as jet fuel are beyond management’s direct control, as is the exchange rate on the US dollar. How long the windfall savings on the price of jet fuel may last is unpredictable. Investors may decide to cash in their shares or expect a higher sale profit if 2016 performance matches or exceeds that of 2015, while consumers can expect competitive ticket pricing during 2016, if current trends prevail.