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From: Tim Ball [mailto:timothyball@shaw.ca]
Sent: November 12, 2007 2:39 AM
To: ombudsman@cbc.ca
Cc: Hubert_Lacroix@cbc.ca
Subject: Request for a full Review of violations of CBC policies in their treatment and portrayal of me in “The Denial Machine”

Vince Carlin
Ombudsman
CBC
P.O. Box 500, Station A
Toronto, Ontario M5W 1E6

Dear Mr. Carlin,

As you know, I was featured in “The Denial Machine” broadcast repeatedly over the past year on The Fifth Estate in Canada and Australia (could you tell me where else it has been broadcast, please?). The misrepresentations of me in the programme are severe and have, over the past 12 months, caused me significant personal and professional difficulties, for example in my public presentations and other dealings with media and Canadians.

For that reason, I write to you to request that you thoroughly review the situations described below. I have Cc’d the new CBC president, Mr. Hubert Lacroix, as I believe the network should either radically alter the video so as to reflect the truth about my activities and background or remove the video entirely from the CBC Web site and suspend all future broadcasting of the video. In addition, pending your review, I would like corrections published on the CBC Web site concerning the serious errors that the Fifth Estate has, either through malice or through accident, promulgated about me in their programme.

Specifically, the programme referred to Dr. Andrew Weaver (a supporter of the point of view clearly being promoted by the Fifth Estate in this programme) as a “climatologist” at the University of Victoria when his Ph.D is not in climatology and as “one of the authors of that definitive international report.” While my Ph.D is specifically in climatology from the University of London England, Queen Mary College, I am referred to as merely “a retired University of Winnipeg Professor”, a “so-called expert” “who hasn’t published original research in years”. In fact, my most recent paper was in press earlier in 2007 in the scientific journal, Ecological Complexity. It is entitled Polar bears of western Hudson Bay and climate change: Are warming spring air temperatures the “ultimate” survival control factor? and was co-authored with Baliunas, Dyck, Soon, Baydack, Legates, and Hancock. I was also the co-author of the book Eighteenth Century Naturalists of Hudson Bay (2004 - McGill/Queens University Press) with Dr. Stuart Houston, one of the World’s leading authorities on arctic birds. I have an extensive publication record covering over 30 years with many peer reviewed papers. I taught climatology at university for 25 years and co-authored the climatology half of a university textbook. I have an extensive record of consulting work on climate and have written a column on weather and climate for agribusiness for 17 years.

The description of myself by The Fifth Estate therefore clearly violates the CBC’s “Journalistic Standards and Practices” which states (Production Standards, section B: 1.3):

Any relevant aspects of a commentator’s credentials must be clearly summarized so that the audience may have a perspective from which to appraise the speaker’s view. For example, the position and affiliation of a journalist or the particular qualifications of an academic or any other type of speaker should be stated.

My PhD training and my years in research and teaching were focused on historical climatology – not reflecting that reality is, I charge, also an obvious violation of the above policy.

When speaking about the people James Hoggan ‘investigates’, the fifth Estate commentator said “Tim Ball and his Friends of Science are at the top of the list.” In reality, I withdrew from FoS in October 2006 and have been Chair of the Natural Resources Stewardship Project since that time – omitting this information may have served the purposes of the Fifth Estate producers as it made a connection between myself and ‘oil industry money’ look like a given but this also is a direct violation of CBC’s Journalistic Standards and Practices Production Standards, section B: 1.3 as it identifies me with a group I haven’t been with since before the first broadcast of the Denial Machine in November 2006. I know the producers of the programme know about my affiliation with NRSP because our Executive Director, Tom Harris, has interacted with Fifth Estate staff intensively and they list NRSP (with a flawed identifying description they refuse to correct despite Mr. Harris’ best efforts) on their “Resources” page.

I would also like to register a formal complaint about what I believe is a clear violation of Journalistic Standards and Practices, IV. PRODUCTION STANDARDS, A: INFORMATION GATHERING, 10. CLANDESTINE METHODS, specifically concerning the following two points in that policy:

10.1 MISREPRESENTATION
“Deception must not be used to gain information. CBC employees, therefore, should not misrepresent themselves or their purposes to gain it.”

and …

10.2 HIDDEN CAMERAS AND MICROPHONES
“As a general rule, hidden cameras and microphones should not be used to gather information. The CBC commonly operates openly where it can see and be seen.

“Also, there are circumstances where the use of hidden cameras or microphones may entail civil or criminal liability. A final decision to proceed with a hidden camera or microphone requires the permission of the senior officer in information programming of the appropriate media line. … In all these circumstances, there should be consultation with the Law Department.”

Specifically, here is the situation that leads me to believe the CBC’s policy on clandestine methods was violated.

On August 23, 2006, I sent the following to CBC Fifth Estate staff member, Gil Shochat:

-----Original Message-----
From: Tim Ball [mailto:timothyball@shaw.ca]
Sent: August 23, 2006 6:56 PM
To: Gil Shochat
Subject: Fifth Estate

Gil:
Thanks for your request for my participation in the Fifth Estate investigation of the climate change issue. Despite my original willingness I have now decided not to participate in your program and ask that you not use this or any previous communications in the programme.
Thank you.
Tim Ball

Aside from requests from other Fifth Estate to reconsider, which I turned down, it was not until October 2006 that the issue came up again. Specifically, on the morning of October 5, 2006 I was setting up my Power Point slides for a breakfast presentation I was giving at a conference in Dawson Creek, B.C. when a reporter with a camera and sound man approached me. He asked if he could interview me. I asked who he represented. He replied “CBC News”. I said, “You are not the Fifth Estate are you because I have declined to be interviewed by them.” He said no, he was CBC News. I replied that I didn’t have time for an interview as I had a seven hour drive ahead of me right after the talk as I was to present again that evening in La Crete. While I spoke with the ‘CBC News’ reporter, I noticed the cameraman busy doing something with his equipment but since I had said no to an interview, I assumed his camera was off. The reporter then asked if they could follow me to La Crete. I said he could do what he wanted. He left the stage only to come back a few minutes later saying the crew thought it a waste to travel seven hours for a ten minute interview and could I agree to a brief interview after my talk? I consented.

After my presentation, I went to the back of the hall where the CBC team had two opposing chairs, the cameraman, lights and sound man set up. I sat down and they put the microphone on me, then the interviewer said, I think I should tell you that this is for The Fifth Estate, what do you want to do? I stood up, took the microphone off and said, “I’m out of here.” He asked if we could discuss it and admitted that his confession as to representing the programme was done at the urging of his technicians. I replied to the reporter, “I don’t talk to liars”, and left. I would swear I saw a distinct “good for you” look on the camera and sound men’s faces.

That, so I thought, was that. Little did I know that, without my knowledge or consent, the Fifth Estate cameraman had in fact secretly filmed my conversation with the reporter before the talk, a good portion of which appeared in the many airings of The Denial Machine.

So, did “the senior [CBC] officer in information programming of the appropriate media line” approve of this clandestine video taping and its use in the programme broadcast – if he/she did approve such covert activities on the part of CBC staff, what was their rationale? Was there consultation with the [CBC] Law Department before the taping and what did they conclude? The activities of The Fifth Estate in this instance certainly seem unethical and I believe break your policies and perhaps privacy law (something I have yet to investigate).

I request an immediate and full Ombudsman’s review of all of the above.

Sincerely,

Dr. Tim Ball, Environmental Consultant
Chairman, Natural Resources Stewardship Project (www.nrsp.com)


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