Memorandum

Advisory/Reminder to all staff

Events of the past week have generated controversy and emotion in our newsroom. It seems a good time for everybody to step back, take a deep breath, and regain balance between our beliefs and our obligations. What follows is intended to define boundaries between our rights and duties while working at The Gazette.

Freedom of expression and freedom of the press are crucial matters for all journalists. However, journalists and other staff working for newspapers such as The Gazette must also remember that they are employees of a company. Legally, they are bound by the same obligations as the employee of any other firm in any economic sector. This is not a managerial whim or a corporate edict. It is the law. For example, Article 2088 of the Civil Code of Quebec states:

"The Employee is bound not only to carry on his work with prudence and diligence but also to act faithfully and honestly and not to use any confidential information he may obtain in carrying on in the course of his work. These obligations carry on for a reasonable time after cessation of the contract, and permanently where the information concerns the reputation and private life of another person."

In the past week, some journalists at The Gazette have breached the prohibition against use of confidential information. They have breached prohibition against use of information about persons employed by this company. Statements have been made to outside media agencies that violate the legal requirement for primary fidelity to the employer. Case law supports sanctions, including suspension or termination, against those who persist in disregarding their obligations to the employer after clear warning.

Going forward, all staff must understand no statements or actions to outside media agencies should occur that might reasonably have the effect of:

• Violating The Gazette's copyright or intellectual property rights to material produced for this newspaper by staff paid to produce it.


• Revealing confidential information obtained in the course of employment about any Gazette staff member, including management. Information includes not only statements of fact but more broadly includes speculating and gossping about, or imputing motives to, staff members, including management


• Calling into question the good faith of decisions taken by senior management up to and including the proprietors of this newspaper. Disagreement does not justify accusations of bad faith or attribution of ulterior motives to the employer


• Producing written, spoken, visual or web site material, whether as news or commentary, that violates employee obligations of primary loyalty to The Gazette and its proprietors


• Refusing to carry out legitimate, lawful work as directed by managers, the company or its proprietors


• Deliberately damaging the newspaper economically or in its reputation

If there is any uncertainty about the meaning of these points, please do not hesitate to seek clarity from the editor or the managing editor.

In the current atmosphere, there may be a temptation to regard this message as an attempt to muzzle debate or chill dissent. It is, on the contrary, an attempt to clarify the conditions in which debate can occur at The Gazette by balancing and respecting the legal rights and obligations of all. No right is absolute. Crucial as free expression and a free press are to journalists, they do not automatically trump every other right. Nor does the designation "journalist" negate the right of the owner of a newspaper company to run that newspaper as he or she wishes, consistent with the law. No one, journalist or otherwise, has the right to work at The Gazette. It is a privilege that carries with it the obligations of prudence, diligence, honesty and fidelity to the employer. With that understood, let's all move forward together.

Peter Stockland

Raymond Brassard

December 14, 2001