Justin Brake Explained

Justin Brake is a Canadian journalist who works for APTN National News and Newfoundland's The Independent. While working at The Independent, covering protests at Muskrat Falls, Brake was arrested. His arrest was condemned by press-freedom groups and his reporting won him the 2018 Press Freedom Award. Charges were dropped in 2019.

Early life and education

Brake was born in Newfoundland and raised in Ottawa; he does not identify as being Indigenous, but says he has some Miꞌkmaq ancestry.[1] Brake graduated from Algonquin College in Ottawa in 2001.

Career

From 2012 to 2017, Brake was a journalist at The Independent based in Newfoundland and Labrador.[2] In October 2016, Brake was arrested while reporting on water protectors who had forcibly entered Nalcor Energy's work site at Muskrat Falls known as the Lower Churchill Project.[3] Brake was criminally charged criminally with mischief and disobeying a court order and with civil contempt proceedings in Newfoundland and Labrador Supreme Court, due to an injunction from the owners prohibiting trespass that names him, without mentioning him as a journalist.[4]

Civil court case

The injunction was issued on October 16, 2016, and an ex parte contempt appearance order issued on October 24, 2016.[5] At least one local rally was held in support of Brake demanding the charges be dropped.[6] Brake fought the civil charges but lost. On March 15, 2017, Justice George Murphy of the Supreme Court of Newfoundland and Labrador wrote in his decision: “Mr. Brake’s status as a journalist was not a material fact and there was no obligation on Nalcor to bring that fact to the attention of the Court on their application for the Injunction Order or the Contempt Appearance Order.”[7] [8]

The case was appealed to the Court of Appeal of Newfoundland and Labrador, the province's highest court, on December 12, 2017.[9] At the hearing, APTN executive director of news Pugliese testified that media should be present at conflicts involving indigenous peoples, with reference to the calls to action of Canada's Truth and Reconciliation Commission.[10] [11] Justice Derek Green's March 28, 2019 decision stated “The evidence from APTN, which I accept, is that Aboriginal communities have been historically under-represented in the Canadian media.”[12] The decision referenced both the Charter rights to free expression for journalists and stated the need for reconciliation “places a heightened importance on ensuring that independently-reported information about (A)boriginal issues, including (A)boriginal protests, is available to the extent possible.”[11] Nalcour did not appeal the case to the Supreme Court of Canada. The case established the legal precedent preventing the arbitrary use of injunctions against journalists and recognizes the important role journalists have in covering protests and Indigenous issues in Canada.[13] [14] [15]

Criminal charges

In September 2019, lawyers for The Crown filed criminal charges of mischief and unlawfully disobeying an order of the court against Brake.[16] [17] In September Brake filed a charter challenge to ask for a stay of proceedings, and Brake's lawyer Geoff Budden said he would be arguing the charges are an "abuse of process".[18] In November 2019 the Crown decided to drop the charge against Brake of unlawfully disobeying an order of the court, but decided to pursue a charge of mischief over $5,000. Ultimately they dropped those charges in March 2020 as they were unlikely to win.[19]

Brake was the first Canadian journalist to face both criminal and civil charges.[20] [21]

Legal experts and press freedom groups such as Canadian Journalists for Free Expression, the Canadian Association of Journalists stated that if the charges were upheld it would give precedence to property rights over media rights as defined in case law and the Charter of Rights and Freedoms.[22] [23] [24] [25] [26] [27] [28] [29] The case drew international attention from the Fahmy Foundation,[30] Reporters without Borders,[31] and was cited as a concern by the Press Freedom Index.[32] [33] [34] The 29-page unanimous decision by the Court of Appeal of Newfoundland and Labrador, established an important legal precedent across Canada protecting the legal rights of media against use of injunctions.[35] [36]

Brake was the recipient of the 20th annual Press Freedom Award, awarded annually by the Canadian Committee for World Press Freedom,[37] [38] [39] the 2018 PEN Canada/Ken Filkow Prize for freedom of expression,[40] and co-recipient, with Indigenous journalist Karyn Pugliese, of the 2019 Elias Boudinot Free Press Award, issued by the Native American Journalists Association.[41]

In 2017, Brake joined APTN News as a reporter, and works in their Ottawa bureau.

Notes and References

  1. News: Journalist faces unprecedented criminal charges over coverage of Muskrat Falls protest . Jessica Leider . 22 March 2018 . 8 January 2020 . The Globe and Mail.
  2. Hanrahan. Maura. A Story of Invisibility: The Reaction of the Print Media to the Formation of Qalipu Mi'kmaq First Nation.. Source: Native Studies Review. . 2012, Vol. 21 Issue 1. 61–82.
  3. News: Canada isn't the leader on press freedoms that we think it is. 2019-12-16.
  4. Web site: Court decision a victory for journalists covering Indigenous protests - APTN NewsAPTN News. aptnnews.ca. 28 March 2019. en-US. 2019-12-14.
  5. https://records.court.nl.ca/public/supremecourt/decisiondownload/?decision-id=5521&mode=stream Supreme Court Document
  6. News: Rally calls for charges against Independent editor Justin Brake to be dropped. MacEachern. Daniel. March 25, 2017. CBC.
  7. Web site: Ruling in Brake Civil Case Highlights Failure to Protect the Public Interest. CJFE Canadian Journalists for Free Expression. 2019-12-14.
  8. Web site: Judge: No Special Status For Journalist Charged For Covering Protest. www.canadalandshow.com. 16 March 2017. 2019-12-14.
  9. News: Journalist Justin Brake's case heard in Court of Appeal. Bradbury. Tara. Dec 12, 2017.
  10. Web site: Reports . nctr.ca. 2019-12-14.
  11. Web site: What Justin Brake's recent win means for press freedom in 2019. Grant. Buckler . 2019-04-04. JSource. en-US. 2019-12-14.
  12. Web site: his decision. 29 May 2024.
  13. Lockett . Monica . 2020 . A Duty to Report: Alternative Journalism as Political Obligation to Resist and Remedy Injustice . PHP Dialogues Dialogues: Undergraduate Research in Philosophy, History, and Politics . 2, Article 1.
  14. Davidson. Terry. Protest injunctions must indicate presence of journalists, lawyers say following appeal decision Thursday. The Lawyer's Daily.
  15. News: Landmark N.L. ruling defends press freedom and coverage of Indigenous issues. McKenzie-Sutter. Holly. March 29, 2019. Canadian Press.
  16. News: Reporter pleads not guilty to charges stemming from Muskrat Falls protest coverage. Jul 29, 2019. CBC.
  17. Web site: Lawyer for Justin Brake asks judge to dismiss criminal charge against reporter. ca.news.yahoo.com. en-CA. 2019-12-16.
  18. Web site: Reporter Justin Brake mounting charter challenge against Muskrat Falls charges. ca.news.yahoo.com. en-CA. 2019-12-14.
  19. News: Lawyer for Justin Brake asks judge to dismiss criminal charge against reporter.
  20. Web site: Parkhill . Maggie . 2018-05-03 . Journalist charged in criminal, civil courts wins press freedom prize . 2019-12-14 . ottawacitizen.com . en.
  21. News: Meyer . Carl . May 3, 2018 . Facing jail time, journalist Justin Brake says the courts being used to protect corporate projects . National Observer .
  22. Web site: Charges Against Justin Brake Are A Serious Threat to Press Freedom . 2019-12-16 . CJFE Canadian Journalists for Free Expression.
  23. Web site: COURT VICTORY FOR JUSTIN BRAKE, JOURNALISM . 2019-12-16 . caj.ca.
  24. Web site: Speckart . Kathleen . March 28, 2019 . Court Victory for Justin Brake, Journalism . Canadian Association of Journalists.
  25. News: Beatson . Jesse . Jan 30, 2019 . Breaking the News: What the Cases of Marie-Maude Denis and Justin Brake Could Mean for Journalism . The Court .
  26. Web site: Court order threatening arrest of journalist covering Muskrat Falls must be rescinded . 2019-12-16 . CJFE Canadian Journalists for Free Expression.
  27. Web site: Canadian Association of Journalists . 2019-12-16 . caj.ca.
  28. News: Bousquet . Tim . March 13, 2017 . Criminal charges against Justin Brake are an attack on press freedom . Halifax Examiner .
  29. News: Smith . Andrea . May 10, 2019 . In Awe of the Fragile Free Press . TheTyee.ca .
  30. Web site: The Fahmy Foundation. 29 May 2024.
  31. Web site: 2017-03-09 . Canada - RSF condemns criminal charges against journalist covering protests in Muskrat Falls Reporters without borders . 2019-12-16 . RSF . en.
  32. News: Watson . H.G. . Canada back in the top 20 of World Press Freedom Index - but concerns remain. . Ryerson Review of Journalism .
  33. News: Conley . Julia . March 23, 2018 . 'Affront to Freedom of the Press,' Canadian Journalist Faces Criminal Charges for Covering Protest . Common Dreams .
  34. News: Sampert . Shannon . April 25, 2019 . Press freedom under siege, at home and abroad . Winnipeg Free Press .
  35. News: Leeder . Jessica . March 28, 2019 . In landmark decision, Newfoundland appeal court judge lays out criteria for journalist protections when reporting at protests . The Globe and Mail .
  36. News: Martens . Kathleen . March 28, 2019 . Justin Brakes Case a Victory for journalistic Freedom . APTN .
  37. News: May 3, 2018 . Journalist Justin Brake, charged over Muskrat Falls reporting, wins Press Freedom Award . Globe and Mail . 2019-12-14.
  38. News: May 3, 2018 . Justin Brake on World Press Freedom Day . CPAC .
  39. News: Turnbull . May 4, 201 . Following the story: iPolitics' Q&A with Justin Brake . ipolitics .
  40. Web site: 2018-06-07 . Justin Brake wins 2018 PEN Canada/Ken Filkow Prize for freedom of expression . 2019-12-14 . PEN Canada.
  41. Web site: scospernajacom . 2019-06-21 . NAJA announces recipients of 2019 free press, investigative awards . 2019-12-14 . Native American Journalists Association . en-US.

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