Chapter 9: Media Relations

INTRODUCTION

Historically, legal officers were strongly discouraged, if not prohibited, from having any dealings with the media. Recent years, however, have seen the CF and the Office of the JAG come under fairly close and continuing scrutiny. The public and the media have focused their interest on the military justice system – a focal point of which is courts martial.

As a result, attitudes concerning contact and relations with the media have undergone significant changes. In this regard, current CF policy encourages members to act as ambassadors to the public and to open and maintain positive relations with the media.¹ Furthermore, JAG policy requires legal officers to be “visible, accessible and answerable to the public…” ²

DDCS MEDIA RELATIONS

Both DAOD 2008-0 and JAG Policy Directive 001/99 provide useful insight into the role of legal officers in general with respect to the media. Because of their vastly different role and their duty to serve the best interests of their clients with respect to the cases being defended, DDCS lawyers are under no obligation to adopt or participate in the CF and JAG policies on media relations where such conflicts with that duty. Nonetheless, to assist in serving the best interests of their clients, it behooves DDCS lawyers to be skilled in dealing with the media.

DDCS Directive 14

DDCS lawyers shall observe and apply the provisions of DAOD 2008-0 and JAG Policy Directive 001/99 to the extent that such does not conflict or interfere with their role, duties and responsibilities as defence counsel and their concomitant duty to serve the best interests of their clients. Matters of concern respecting contact and relations with the media shall be discussed with the Director.

The codes of professional conduct of the various law societies offer consistent guidance on lawyers' dealings with the media³ – of note is the responsibility to serve the client's best interests. When asked to comment on a case either before or coming before a court martial, DDCS lawyers must remember that

• the prosecution's case, unlike that of the defence, is in the public arena and is generally known; and
• clients often do not wish to be the subject of publicity.

DDCS Directive 15

Except for information of a general nature, DDCS counsel shall not speak to the media about a case either before or coming before a court martial without the client's consent.

DDCS Directive 16

DDCS counsel shall be circumspect with regard to comments on the defence case or position and shall ensure that all comments to the media are well reflected,⁴ having regard to the best interests of the client.

DDCS Directive 17

DDCS counsel shall disclose no personal information respecting a client without that client's consent.⁵

DEFENCE COUNSEL AND THE PUBLIC AFFAIRS OFFICER

A public affairs officer – whose role is that of a CF representative and spokesperson – will be present. While the public affairs officer may be of assistance to defence counsel in dealing with the media, defence counsel cannot forget that they should not appear or be perceived to appear to be aligned or closely associated with the system and, hence, the prosecution. Indiscriminate use by the defence of the public affairs officer as a spokesperson could result in such a perception by both the client and the public.

Footnotes

¹ DAOD 2008-0.

² Para. 5, JAG Policy Directive 001/99 – Media Relations.

³ See the Canadian Bar Association Code of Professional Conduct, Chap. XVIII, and commentaries thereafter.

⁴ Ibid., commentary 2.

⁵ Indeed, to do so contravenes s. 8 of the Privacy Act and subs. 19(2)(a) of the Access to Information Act.