Angry in the Great White North

Judge William McCarroll made it clear that blogger Charles LeBlanc did not break the law:

The judge who acquitted a New Brunswick blogger of obstructing justice says Charles LeBlanc was merely "plying his trade" at a protest last summer and shouldn't have been arrested.

In his 20-page written decision, Judge William McCarroll noted that LeBlanc was not among the mob of demonstrators during the Saint John protest, but was in a public space taking pictures of the protesters for his website when he was arrested.

Police excuses that LeBlanc didn't look like a journalist were dismissed.

[Sgt. John Parks, the arresting officer,] testified that he arrested LeBlanc partly because he was "scruffy" looking and carrying an unprofessional-looking digital camera.

Police allegations that LeBlanc resisted arrest were dismissed after video of the arrest taken by a CBC camera crew was reviewed by the court.

I assume the CBC equipment was more professional in appearance.

Police conduct was unconscionable. Not only did they go after LeBlanc, whom they knew through his blog, for no good reason, they tampered with evidence:

LeBlanc, who writes about poverty and politics on his website, was arrested and pinned to the ground by three police officers outside a business conference last June. A police officer later admitted to deleting a photo of himself from LeBlanc's camera.

McCarroll also said the officers had no right seize LeBlanc's digital camera or delete his photo without a search warrant.

The police are lucky. If they arrested LeBlanc, then the camera was evidence, and they tampered with it. They ought to be turfed out of the force, but instead the judge threw them a bone:

"In spite of my findings in this case, there is one conclusion I have come to beyond any doubt. These courageous officers acted above and beyond the call of duty in preventing a serious breach of peace. If these young masked invaders had succeeded in gaining access to the main meeting room where probably hundreds of delegates were in attendance, God knows what would have happened," he wrote.

It is true that close to thirty demonstrators had charged the police line, so there was confusion and feelings were running high. Another judge might not have taken that into account and held the police more acountable for their actions in the LeBlanc incident.

Nevertheless, the true importance in this case is that Judge McCarroll agreed with the sentiments of those who think responsible blogging is equivalent to journalism:

Tim Currie, who teaches online journalism at the University of King's College in Halifax, says bloggers like LeBlanc have begun to gain some recognition as legitimate journalists. "Many people are beginning to agree that what we used to call journalism needs to include a much broader spectrum of people who act journalistically. That we can't just consider reporters who work for mainstream media organizations as the only ones who can be journalists."

One judge a profession does not make, though. If bloggers want to be considered journaslist, we'll have to establish a code of conduct, perhaps in conjunction with the journalism community, against which a blogger who aspires to be considered a journalist can be judged. To enforce it, bloggers ought to establish a association to own and enforce those standards.

Just a thought.