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Dennis Perlin, CAO of Halton Hills drafts policy that will discriminate against "Electronic Media"

December 23rd, 2006

Halton Hills - Civic Centre: According to a town report #ADMIN-2005-0017; Proposed Media Release policy – Town of Halton Hills, dated December 13th, 2005 and prepared by previous city solicitor of Toronto and the new CAO of The Corporation of the Town of Halton Hills, Dennis Perlin, Town Council has recently been requested (by The Halton Herald.ca) to (re)consider its present practices regarding distribution of Media Releases.

The Halton Herald.ca, an affiliate member of CBC.ca, as well as a voting member of CIRA (Canadian Internet Registration Authority) approached the new CAO back in November requesting he reconsider the bias discriminating practices adopted by retired CAO Bob Austin, who, according to Mr. Perlin, was directed by council to instruct all department heads of the Town of Halton Hills to STOP sending the Herald anymore news releases eminating from the corporation or council.

According to the Mr. Perlin's draft report; The preparation of this Policy was done in consultation with Regional staff, Town staff, and the Town Solicitor.

DEFINITIONS OF MEDIA
In this “Media Release Policy”:

“Media” means “Print Media”, “Private Television and Radio Stations”, “National
or Provincial Broadcast Services”, and “Electronic Media”.

“Print Media” means daily and weekly newspapers, community newspapers, and
ethnic newspapers that are members of the “Ontario Press Council” or the
“Canadian Community Newspaper Association”. They may or may not also have online publications or editions.

“Private Television and Radio Stations” means radio and television services that are members of the Canadian Association of Broadcasters or the Canadian Cable Television Association, and which are not National or Provincial Broadcast Services.

“National or Provincial Broadcast Services” means CBC, CTV, Global, City TV, A-Channel, TVO, CPAC, Broadcast News or any similar television or radio service with a national or provincial scope.

“Electronic Media” means Internet publications that include news and public or community events, and which are not Print Media, Private Television and Radio
Stations, or National or Provincial Broadcast Services.

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The purpose of this “Media Release Policy” is to assist Town Council with its
governance responsibilities related to accountability, information sharing, and seeking feedback from the Town’s citizens and other interested parties with respect to whatever actions Council wishes to take or has taken. It is also to assist the Town and Town staff in giving notice of or announcing events or opportunities that are offered by or with the support of the Town, and seeking feedback or participation therein.

The Media have the means to assist Council with its above mentioned governance responsibilities, and Town staff with its above mentioned management and communications responsibilities by publicizing matters of interest.

For the media to be of assistance in that regard, the media must be reputable, and must be known to serve Halton Hills.

Distribution of Media Releases to the Print Media, Private Television and Radio Stations, and National or Provincial Broadcast Services.

As soon as reasonably possible after it is prepared, a Media Release shall be sent by fax, e-mail, or courier to those Print Media, Private Television and Radio Stations, and National or Provincial Broadcast Services which, in the opinion of the distributor, be it the Mayor, the CAO, Department Heads, or other designated Town staff, may have interest in the Media Release and which are known to the Town of Halton Hills by way of past practice or by way of present or future commitment that they intend to publish or broadcast the information contained in the Town Media Release so as to enable the Town’s citizens, other interested persons, and the public-at-large to obtain the content of the Release.

Distribution of Media Releases to Electronic Media:

All Media Releases of the Town shall be made available to the Electronic Media by posting each Media Release on the Town’s Website (www.haltonhills.ca) – Home Page – “Press Releases – News At The Town” as soon as reasonably possible after it is prepared.

The Town, acting as a Corporation has a monopoly on said public information and as such, must dispense that commodity according to the law. By adopting a policy that enables staff to send said information to specific news groups, while directing others to wait until it's posted on the Town website, is a policy that discriminates and disadvantages a specific group.

Clearly, despite numerous request made by Herald Editor, Al Kirouac to Mr. Perlin, not to discriminate against The Halton Herald.ca in the Town’s Media release practices, Mr. Perlin, whose professional conduct is regulated by the Law Society of Upper Canada has devised a public policy that specifically discriminates against the electronic media, contrary to the acceptable practices of the Society of which he’s a member of, not to meantion the laws of Ontario.

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The Society acknowledges the diversity of the community of Ontario in which its members serve and expects members to respect the dignity and worth of all persons and to treat all persons equally without discrimination.

Human rights law in Ontario includes as discrimination, conduct which, though not intended to discriminate, has an adverse impact on individuals or groups on the basis of the prohibited grounds. The Ontario Human Rights Code requires that the affected individuals or groups must be accommodated unless to do so would cause undue hardship.

A lawyer should take reasonable steps to prevent or stop discrimination by any staff or agent who is subject to the lawyer's direction or control.

An action or policy that is not intended to be discriminatory can result in an adverse effect that is discriminatory. If the application of a seemingly "neutral" rule or policy creates an adverse effect on a group, there is a duty to accommodate.

Herald's administrator, Al Kirouac is scheduled to once again address council to reaffirm his position that this draft policy, if adopted as proposed, will continue to discriminate against The Herald, adversly effecting the operation of its business in a manner which would be deemed competitively disadventagous in a very competitve market.

Readers may contact the editor at;

Mail: The Halton Herald.ca, P.O. Box 76, Acton, ON. L7J 2M2.

Email: editor@thehaltonherald.ca

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