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Scanned, recopied or Internet copy, if there are errors, please e-mail me with corrections:


Opening comments:  More at the end.

Commissioner's decision on the motion regarding access for Citizen Journalists or Reporters.

To the main Judicial Inquiry page - to the Hazel McCallion page.

Comments by others to this web-page 
- 30 - to this web-page at time of posting.


Mississauga News - Apr. 26, 2010 - By  Louie Rosella - lrosella@mississauga.net

Split decision for citizen journalists


Citizen journalists.
Ursula Bennett and Donald Barber will not be allowed to record the Mississauga judicial inquiry.
Inquiry commissioner Douglas Cunningham ruled the pair, along with accredited media,
will have access to the Rogers feed in the inquiry media room and will be granted access to raw footage. File photo

"Citizen journalists" Donald Barber and Ursula Bennett won't be allowed to record the much-anticipated Mississauga judicial inquiry, which will look into conflict of interest allegations against Mayor Hazel McCallion, but they will have access to "unedited, raw footage of the proceedings."

Inquiry commissioner Douglas Cunningham issued his ruling today, two weeks after hearing submissions from the two Mississauga residents, who wanted to record proceedings for use on their respective websites.

In his ruling, Cunningham said that allowing Barber and Bennett to record proceedings may intimidate witnesses or make them feel "targeted."

"A public inquiry puts individual reputations at risk and the procedures following at the inquiry should manage these risks," Cunningham said. "Personal dignity and privacy should be protected. For example, while a witness' evidence is a key part of the inquiry and should be accurately recorded, it isn't necessary to record that witness' facial reactions throughout the other weeks of testimony."

Cunningham said Rogers Communications will record the entire inquiry, as originally planned, and will be held to the "standards of decorum and journalistic integrity that must govern the recording of any inquiry."

Barber and Bennett, along with accredited media, will have access to the Rogers feed in the inquiry media room and will be granted access to raw footage.
"Freedom of expression includes the freedom to know what is happening in public proceedings and to communicate about them," Cunningham said. "As well, as Mr. Barber noted in his submissions, for freedom of expression to be meaningful, members of the public should have access to a broad range of opinions and coverage. To ensure that a variety of perspectives is presented, journalists should have access to the raw footage of the inquiry and not only to edited videos."

The $2.5-million inquiry, which is expected to begin on May 17, will also probe the role of the mayor's son, Peter McCallion, in a $14.4-million failed bid by World Class Developments Ltd. (WCD) to purchase a 3.5-hectare parcel of land owned by the Ontario Municipal Employees Retirement System (OMERS).

WCD hoped to build a hotel and convention centre on the City Centre land. The deal eventually fell through. (The deal involved private meetings between Mayor McCallion, the developer and OMERS, while zoning of the land was still before Council. OMERS subsequently sold the land to the City of Mississauga, which, in turn, leased it to Sheridan College.)

The inquiry will also look into an agreement that made OMERS a 10 per cent shareholder in Enersource in 2000 and granted the company unusual veto power. The City owns 90 per cent of the hydro utility.


Comments by others - 30 - to this web-page at time of posting;


The Mississauga Muse     Apr 26, 2010 10:03 PM

@ ConcernedResident

You write, "Please understand that your opinion of the City is not shared by everyone." Oh, I know. The vast majority either don't know or don't care what's going on. Only about keeping tax dollars low and being lied to about how effective their government is. Keeps property values high. re: "Opinion". I'd be interested in yours. Zero of me in this video of the City's Audit Committee. What's it tell you? This is what you're defending and calling my "opinion". http://tinyurl.com/2a2juo9


The Mississauga Muse     Apr 26, 2010 9:58 PM

@ ConcernedResident

You wrote, "You see, that's the difference between you, your sidekicks, and the rest of us. I could not give a rats a$$ whether someone agrees, disagrees, of finds what I say offensive." I don't care about Agree/Disagree but I DO care about "Offensive"!. You write, "You throw terms like facist around to describe those who disagree with you or find what you say to be offensive." No, I use "fascist" to describe creeps so fearful of truth that they will hit three "Offensive"s to purge people's comments! Or haven't you noticed that that's what happens here? Hit three (3) "Offensives" and a comment is GONE! Your comment "Sorry to disappoint you, by opinion is not news. Woloshyns last piece about hazefm was NOT news. It was a light opinion column. That what columnists do." already has two "Offensive"s. All it takes is one more and your comment is DELETED! Your voice silenced. Maybe you don't care about your comment staying up. And yeah, deleting with three "Offensive"s when they're not --that's fascist!


ConcernedResident     Apr 26, 2010 9:38 PM

@Muse

You see, that's the difference between you, your sidekicks, and the rest of us. I could not give a rats a$$ whether someone agrees, disagrees, of finds what I say offensive. We live in a democracy, which you and Uatu have not come to realize. Yiu get to speak your mind in this country. That's what makes it great. You throw terms like facist around to describe those who disagree with you or find what you say to be offensive. But you have "all these FOI's and viz from Council Meetings to back up...." Please understand that your opinion of the City is not shared by everyone.


The Mississauga Muse     Apr 26, 2010 9:02 PM

@ ConcernedResident. Ohhhhh man!

Two people hit "Offensive" on your just writing "Sorry to disappoint you, by opinion is not news. Woloshyns last piece about hazefm was NOT news. It was a light opinion column. That what columnists do." Seriously. How are your three sentences "Offensive"?! siiiiiiiigh...


The Mississauga Muse     Apr 26, 2010 6:49 PM

Question for ConcernedResident

Why do you think I begged the Commissioner for 100% of Rogers unaltered video feed?

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The Mississauga Muse     Apr 26, 2010 6:48 PM

@ ConcernedResident

You wrote, "Sorry to disappoint you, by opinion is not news. Woloshyns last piece about hazefm was NOT news. It was a light opinion column. That what columnists do." Look around friend. You're in MYTHissauga. Of COURSE opinion is news! It was Hazel McCallion's opinion that the Feds' money was just a "drop in the bucket". Parrish felt she was being rude. Two opinions that went straight to the news! Cripes, then there was that piece on "Youth no out of control". I'm actually holding back opinion on that article because I'm still waiting on Freedom of Information. But I agree with you. Columnists are very different from News reporters. Had to laugh at Jon Stewart's comments about Fox News. Said it's not that his comedy is pretending to be news but that Fox is skidding over into comedy with each new broadcast. There's every evidence that Stewart is right about that.

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ConcernedResident     Apr 26, 2010 6:41 PM

@Muse

Sorry to disappoint you, by opinion is not news. Woloshyns last piece about hazefm was NOT news. It was a light opinion column. That what columnists do.

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The Mississauga Muse     Apr 26, 2010 6:37 PM

@ ConcernedResident

You wrote, "Here you go again. You and your friends take great pleasure in attacking anyone who "disagrees" with you." Nah. Don't take pleasure one bit, let alone "great pleasure". The roots of most social ills arise from the Stupid who base votes/conclusions out of thin air. You know you're dealing with major @$$**** material when you've posted nothing but a video transcript of Hazel McCallion talking and someone clicks "Disagree". I have zero respect for that. And zero respect for "Disagree" and zero guts to debate. Seriously. What's to respect?

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The Mississauga Muse     Apr 26, 2010 6:32 PM

@ ConcernedResident, sorry, I didn't notice you corrected...

Regarding Woloshyn, you wrote, "he's paid for an opinion, not to report the news." 100% agree. But don't accredited media columnists come with the expectation that their paid opinions are based on facts? Unless of course, they're writing about preference between chocolate ice cream or a chocolate shake?

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The Mississauga Muse     Apr 26, 2010 6:30 PM

@ ConcernedResident

You wrote, "First, I hope Urbaniak is paying you for all the schilling you are doing for him. I'll net we could find at least 30 "read Tom Urbaniuk" plugs." Keep avoiding educating yerself, dude. You wrote, " Second, perhaps correct was not the correct word to use, but you are deflecting my point. Woloshyn is not a journalist, he's a columnist. BIG difference, that I would have expected someone of your "experience" to know; he's paid for an opinion, not to report the news." Excellent point! And you're absolutely right. He's an accredited columnist. And there's a presumption that accredited columnists do their homework prior to serving up their opinions in a national rag, right? And please don't think I was targeting the Sun. I've been finding better reading there of late than Torstar. It's already been pointed out to me by accredited media that someone like me focusing on one issue (municipal governance) has that luxury of time as well as luxury to focus Freedom of Information on it. That's fair. What I'm off

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ConcernedResident     Apr 26, 2010 6:16 PM

@Muse

Here you go again. You and your friends take great pleasure in attacking anyone who "disagrees" with you. ("And there's still quasi-fascists here who'll click on "Disagree". But it's also part of their DNA."). When are you going to get it? Not everyone agrees with you. Part of life.

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ConcernedResident     Apr 26, 2010 6:13 PM

@Muse (Correction- hit submit to fast)

First, I hope Urbaniak is paying you for all the schilling you are doing for him. I'll bet we could find at least 30 "read Tom Urbaniuk" plugs from you. Second, perhaps "corrupt" was not the correct word to use, but you are deflecting my point. Woloshyn is not a journalist, he's a columnist. BIG difference, that I would have expected someone of your "experience" to know; he's paid for an opinion, not to report the news.

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ConcernedResident     Apr 26, 2010 6:11 PM

@Muse

First, I hope Urbaniak is paying you for all the schilling you are doing for him. I'll net we could find at least 30 "read Tom Urbaniuk" plugs. Second, perhaps correct was not the correct word to use, but you are deflecting my point. Woloshyn is not a journalist, he's a columnist. BIG difference, that I would have expected someone of your "experience" to know; he's paid for an opinion, not to report the news.

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The Mississauga Muse     Apr 26, 2010 6:06 PM

@ ConcernedResident. Sorry. But no

You wrote, "This is not NEWS; it's OPINION. The same as you post." No. Not the same at all. Most of the crap on here is uninformed opinion. Based on heresay, or what you read by journalist/stenographers parroting what the politicians said (read Tom Urbaniak). Here's a challenge. Take an opinion that I stated and toss it back to me. I can either provide you with video or Freedom of Information documents to back it up. That's the difference. I will also change my opinion if it's pointed out to me that I've reached incorrect conclusions based on my evidence (which I've done). I've got entire Blogs consisting of nothing but video of politicians/bureaucrats and the video transcript. And there's still quasi-fascists here who'll click on "Disagree". But it's also part of their DNA.

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The Mississauga Muse     Apr 26, 2010 6:00 PM

@ ConcernedResident

ConcernedResident you wrote, "So your "evidence" of "corrupt" journalism is an opinion piece? This is not NEWS; it's OPINION." I don't recall mentioning corrupt journalism. Although certainly any paper/TV that knows their local government is corrupt but looks the other way and reports Happy Happy Happy IS just as corrupt, I don't quite know what I'd written to make you conclude that I said the accredited media were corrupt. Accredited media (and I've been told this by accredited media) have many beats and can't afford Freedom of Information. So they interview the politicians for "News". That's not news, just parroting propaganda. Read Tom Urbaniak.

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ConcernedResident     Apr 26, 2010 5:47 PM

@Muse

So your "evidence" of "corrupt" journalism is an opinion piece? This is not NEWS; it's OPINION. The same as you post. You just proved the court right. You and Barber are not journalists. Woloshyn is welcome to his opinion, just as you are. Just as I am. If you chose not to believe what he writes, that is your right. Wonderful thing this democracy isn't it? By the way, Ted says thanks for reading his column.

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The Mississauga Muse     Apr 26, 2010 5:40 PM

HAHAHAHA speaking of how accredited media doesn't get it.

Toronto Star's t Phinjo Gombu just posted his Blog, "Judge rules against request by citizen journalists to film Mississisauga Judicial Inquiry as they see fit " at 04:38:12 PM. At 3:48 pm, I'd posted mine. It began with "YES! YES! YES! I’m so happy!" Unbelievable, this accredited media.

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The Mississauga Muse     Apr 26, 2010 5:34 PM

@ Mantis

Take a look at what gets crapped out by "accredited media". Here ya go. Primo endless examples. http://tinyurl.com/2u26cxc

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The Mississauga Muse     Apr 26, 2010 5:32 PM

@ ConcernedResident

You wrote, "I'm sure you've heard of "the high road". You need to take it every now and then. You post enough opinion on here to choke a cat, but when someone makes a comment about you, you go right on the attack with verbal diatribes, attacking character." PUHleeeease! These people have no character! If they did, they'd serve up facts to back up their moronic opinions. You wrote, " Remember YOU are the one with the MINORITY opinion. If you really want to be taken seriously you need to let the jibes slide by." I've been researching these people (aka Friends of Hazel and the Old Guard). Their brand of democracy is about tricks --hiding the truth from the public. I'm in the minority because I research with Freedom of Information, videotape and study those. Science isn't about Voting (or how many agree with you). It's about FACTS. I don't need you or anyone else's pat on the back or assurances. I got the data. The files. City of Mississauga staff's EMAILS. I know what's what. And I loathe all who support that ki

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ConcernedResident     Apr 26, 2010 4:36 PM

@Muse

I'm sure you've heard of "the high road". You need to take it every now and then. You post enough opinion on here to choke a cat, but when someone makes a comment about you, you go right on the attack with verbal diatribes, attacking character. Remember YOU are the one with the MINORITY opinion. If you really want to be taken seriously you need to let the jibes slide by.

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ConcernedResident     Apr 26, 2010 4:32 PM

@Private

LOL!

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The Mississauga Muse     Apr 26, 2010 4:15 PM

Blog with cut-and-pastable decision letter up --including presentation by Peter Downard

Blog, "MISSISSAUGA JUDICIAL INQUIRY –Commissioner J. Douglas Cunningham’s decision: 'In balancing these three considerations, I conclude that citizen journalists should have access to unedited, raw footage of the Inquiry proceedings.'" at: http://tinyurl.com/35rcymq While this Blog links to the Judicial Inquiry's pdf file, we've also provided an optical scan so that people can cut-and-paste easily. Also, for those interested in Peter Downard's presentation on balancing citizen access with privacy of participants, please see: http://tinyurl.com/33xqx5r

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The Mississauga Muse     Apr 26, 2010 4:09 PM

To Private, would love to kick you there but would find none.

re: "15 minutes". PuhLEEEEEASE! What passes for your brain ain't got that kind of attention span! Stick to City of MYTHissauga flyers!

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The Mississauga Muse     Apr 26, 2010 4:07 PM

Inquiry to hold hearing on Friday MEDIA RELEASE Part 1.

City of Mississauga Judicial Inquiry to hold hearing on Friday, April 30, 2010, on Mississauga News motion Mississauga, Ont., April 26 /CNW/-- The City of Mississauga Judicial Inquiry will hold a hearing on Friday, April 30, 2010, to hear a motion by the Mississauga News newspaper for an order that the affidavit of Peter McCallion regarding his ability to pay for counsel at the Inquiry and the cross-examination on that affidavit be made part of the Commission's record. The hearing will commence at 10:00 a.m. in Courtroom 1 at 950 Burnhamthorpe Road West.

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The Mississauga Muse     Apr 26, 2010 4:07 PM

Inquiry to hold hearing on Friday MEDIA RELEASE Part 2.

Mr. McCallion was granted standing at the Inquiry on December 14, 2009. He also requested funding for legal counsel for the Inquiry. Mississauga City Council approved funding of up to $100,000 , on the condition that he provide evidence of his inability to pay, and only covering the time that Mr. McCallion was testifying. On March 4, 2010 Mr. McCallion brought a motion before the Commissioner, asking him to request the City of Mississauga to reconsider the limit in order to give him the ability to fully participate in the Inquiry. The Commissioner ruled that further evidence was required in order to enable him to make such a recommendation. The Commissioner ordered that Mr. McCallion swear an affidavit as to his ability to pay for legal counsel, and that Commission Counsel cross-examine Mr. McCallion on that affidavit. That cross-examination took place earlier this month.


The Mississauga Muse     Apr 26, 2010 4:06 PM

Inquiry to hold hearing on Friday MEDIA RELEASE Part 3.

The affidavit and cross-examination transcript are currently confidential and have been provided only to Commission Counsel. The Commissioner will review the affidavit and the transcript of the cross-examination and make a recommendation to Mississauga City Council as to whether Mr. McCallion should receive additional funding for counsel. The City of Mississauga Judicial Inquiry is an independent judicial inquiry that was established under Section 274 of the Municipal Act 2001 by a vote of the Mississauga City Council on November 11, 2009. The mandate of the Inquiry is to investigate issues in connection with the acquisition by the City of Mississauga of approximately 8.5 acres of land in the city centre. Mr. Justice J. Douglas Cunningham, Associate Chief Justice of the Superior Court of Justice of Ontario, has been appointed Commissioner. Further information about the Inquiry is available on its web page: www.mississaugainquiry.ca

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Private     Apr 26, 2010 3:40 PM

Ms. Moose

Looks like your '15 minutes' is over. Just let it go.

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The Mississauga Muse     Apr 26, 2010 2:14 PM

OOPS! I take that back about it being unfortunate the neither Barber of I were interviewed.

(I just remembered what Global TV did to me)


The Mississauga Muse     Apr 26, 2010 1:43 PM

Unfortunate the neither of the two citizen-journalists were interviewed.

The title "Split decision for citizen journalists" is wrong. After the hearing I'd even told Commission Counsel McDowell that I didn't really want to videotape. That because I'd have to change batteries, I wouldn't get a complete copy. That what I wanted was 100% access to the Rogers feed. Frankly, it's tough to videotape and draw at the same time. It's unfortunate that "friend of the court" Peter Downard wasn't mentioned. He raised concerns about "roving" cameras and audio recorders that I hadn't even thought about. Cunningham quote, "Personal dignity and privacy should be protected." and Number One on that list is Peter McCallion's. He's like Barber and me. Can't afford lawyers. I sympathize with him. Also should it come down to Peter McCallion's word vs those of the evil empire? Zero doubt what Freedom of Information has taught me to believe. Will be nice to see Rogers demonstrate journalistic integrity even if it's just this once --and forced to by judge ruling!

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WatcherOIO     Apr 26, 2010 1:07 PM

Small Victory and another battle won for others

Not very often I am the first to comment on big stories but as fate would have it, I am. It is really a shame the Missing News did not print the story of this coming before the Judge when It happened couple weeks ago but you know I am blacklisted, so NO NEWS FOR YOU! Don’t forget Mississaugans paid for that special Hearing and it got no reporting - odd, yes? I can take pride in representing all Citizen journalists and reporters, for having done so in such a way as to as to advance the cause. Even more so as it is thought of as a young persons undertaking and being a gray hair, well show those young whipper ..... Remember I was also the youth candidate in the last election for the Mayor’s seat.

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