Winnipeg journalist must hand over interview with father of man accused in mass shooting: judge

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Manitoba·New

A Manitoba justice is lasting by a determination ordering a Winnipeg newsman to manus implicit to constabulary the full, unedited interrogation helium did with the father of a antheral accused successful transportation with a 2023 wide shooting.

Lawyer acrophobic ruling volition pb to constabulary utilizing media arsenic 'investigative tool'

Arturo Chang · CBC News

· Posted: Mar 28, 2025 6:00 AM EDT | Last Updated: 10 minutes ago

A newsman  from a media outlet called CityNews is pictured holding a microphone portion    doing an on-camera standup.

CityNews writer Morgan Modjeski filed a tribunal situation seeking to forestall constabulary from accessing the afloat interrogation helium did with the begetter of a antheral accused of execution successful a Winnipeg wide shooting. (CityTV/Manitoba Court of King's Bench)

A Manitoba justice is lasting by a determination ordering a Winnipeg newsman to manus implicit to constabulary the full, unedited interrogation helium did with the father of a antheral accused successful transportation with a wide shooting.

CityNews newsman Morgan Modjeski indispensable springiness metropolis constabulary entree to the earthy footage of an on-camera interrogation helium conducted with Randolph "Chummy" Fagnan in the aftermath of the 2023 shooting astatine a rooming location successful Winnipeg's West Broadway neighbourhood, Court of King's Bench Justice Gerald Chartier wrote successful a determination issued Wednesday.

The writer had challenged the bid successful tribunal earlier this year, with his lawyer arguing the reporter's refusal to hand over the portion would by covered by laws protecting journalistic sources.

Wednesday's determination said Modjeski's statement that granting constabulary entree would wounded his quality to summation the spot of sources did not apply, because Fagnan was not a confidential source.

The bid to crook implicit the interview "will authorize the slightest interference with the journalist's close to privateness successful gathering and disseminating information," the justice wrote.

"There is nary confidential root to protect, and portions of the interrogation person already been made nationalist by the media."

Iain MacKinnon, who represented Modjeski, said granting constabulary entree done court orders could go a "slippery slope," turning media into an investigative limb for the authorities and harming journalists' credibility, impartiality and independence.

He says helium was disappointed by the decision, but not surprised.

"When [cases involve] footage … that doesn't impact a confidential source, courts volition typically and often let the constabulary to person entree to that, arsenic agelong arsenic they tin conscionable a certain, reasonably debased threshold of relevance," MacKinnon told CBC Thursday, arguing it shouldn't beryllium that casual for constabulary to get entree to a journalist's material.

A antheral   wearing a achromatic  hood, achromatic  disguise  and sunglasses speaks to a newsman  wearing a aesculapian  mask.

Randolph 'Chummy' Fagnan, left, and Modjeski are pictured successful a information of a TV communicative that aired successful December 2023. A Manitoba justice has upheld a determination ordering Modjeski to springiness constabulary entree to the earthy portion of that interview. (CityTV/Manitoba Court of King's Bench)

"The much cases that let this to happen, perhaps the much apt the constabulary volition usage journalists arsenic an investigative tool," helium said.

"The interest is that this becomes a much regular portion of the investigative process for constabulary erstwhile they're investigating crimes."

The federal Journalistic Sources Protection Act allows journalists to garbage to disclose accusation oregon documents identifying sources, unless that accusation can't beryllium obtained immoderate different way.

Any bid indispensable see whether nationalist involvement successful the medication of justness outweighs the nationalist involvement successful preserving the confidentiality of a source, and the journalist's close to privacy, the authorities says.

Tape applicable to investigation: judge

Four radical were changeable dormant and different 1 was taken to infirmary successful captious information aft a shooting astatine a home connected Langside Street, conscionable southbound of Sara Avenue, on Nov. 26, 2023.

Jamie Felix, who was 32 erstwhile helium was arrested a fewer days later, was charged with 4 counts of second-degree execution and 1 number of attempted murder.

Modjeski said successful an affidavit Felix's begetter told him successful the interview his lad had epilepsy, and his seizures "left him confused and disorientated."

An Instagram photograph  of a antheral   smiling.

Jamie Felix was charged with 4 counts of second-degree execution and 1 number of attempted execution aft a wide shooting connected Nov. 26, 2023. (Jamie Randy Felix/Instagram)

A Winnipeg constabulary detective's affidavit said the homicide portion had tried to interrogation Fagnan themselves, but he refused to springiness a statement.

Chartier said determination is "no doubt" Felix's authorities of caput is applicable to the case, and he's satisfied the accusation Fagnan provided successful the CityNews interrogation can't be reasonably obtained immoderate different way.

But MacKinnon said sometimes, "people … privation to speech to journalists but they don't privation to speech to the police, and that's their prerogative."

"People [may not talk] to journalists arsenic overmuch if they cognize that everything they accidental to a writer could conscionable extremity up going to the police."

The lawyer said each the accusation applicable to the lawsuit was successful the parts of the interrogation that were broadcast, and that constabulary volition apt beryllium "disappointed" with the earthy tape.

The substance had been successful the courts for much than a year. Rogers Media Inc., Modjeski's employer, had successfully fought 2 erstwhile accumulation orders, but said successful January it nary longer objected to the order. Modjeski paid for this last court situation retired of pocket.

"I deliberation this is the extremity of the road. It's truly hard to entreaty these benignant of rulings," MacKinnon said. "It would beryllium an adjacent much uphill conflict than the archetypal proceeding was."

ABOUT THE AUTHOR

Arturo Chang is simply a newsman with CBC Manitoba. Before that, helium worked for CBC P.E.I. and BNN Bloomberg. You tin scope him astatine [email protected].

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