Ex-newspaper exec sues after losing job in Larry's Gulch scandal
Al Hogan was fired as top editor at Moncton Times & Transcript because he 'deliberately altered' emails
By Jacques Poitras, CBC News
Posted: Dec 20, 2016 7:30 AM AT
Al Hogan claims Brunswick News defamed him in its
published accounts of the controversy surrounding the guest list for the
provincially owned fishing lodge Larry's Gulch, and thereby prevented
him from finding a new job. (CBC)
The former top editor of Moncton's daily newspaper says he
wanted to correct a factual error and wasn't trying to cover up
anything, when he suggested that government documents should be altered
in 2013.
Al Hogan makes the claim in a lawsuit against Irving-owned Brunswick News Inc., which fired him as managing editor of the Moncton Times & Transcript in 2015.
The company accuses Hogan of urging Murray Guy, an assistant editor at the newspaper, to ask government officials to conceal Guy's trip to the provincially-owned fishing lodge Larry's Gulch in July 2013. Guy was a guest of NB Liquor, which had booked the lodge.
But Hogan said in his statement of claim he was only trying to fix the erroneous listing that Guy was there "as a representative of the Times & Transcript."
Hogan said an unnamed publisher of the newspaper "some years" before
gave Guy permission to accept a trip to the lodge, "provided he did so
as a private citizen and not as a representative of Brunswick News or
the Times & Transcript."
Hogan said in the court document he suggested Guy contact Darell Fowlie, a deputy minister in the office of Progressive Conservative premier David Alward, "to have the mistake corrected."
But Hogan alleges Guy told him "he had in fact not attended" and would ask Fowlie to have his name removed altogether.
In its statement of defence responding to Hogan's lawsuit, Brunswick News disputes that Hogan and Guy were trying to fix a factual mistake.
The company said Guy's trip — even if he claimed it was as a private citizen — "could compromise the perceived objectivity" of the newspaper.
A Brunswick News reporter got the guest list in the fall of 2013 through a routine right-to-information request. No story was done by the reporter.
The alteration came to light when Canadaland, a media-criticism podcast, was working on a story about it early in 2015. Brunswick News launched its internal investigation and published the findings Feb. 17, 2015, announcing Guy had quit and Hogan was fired.
"It is contrary to journalistic standards to accept a gift from government or any government agency," wrote the paper's ombudswoman, Patricia Graham.
"It would bring into question Mr. Guy's impartiality and also the credibility of the newspaper in covering either NB Liquor or the government."
Hogan, who joined the Times & Transcript in 1997, said the company's published accounts of the controversy defamed him and prevented him from finding a new job. He is claiming unspecified damages. He said his annual salary was $112,250.
But Brunswick News said in its statement of defence the firing was justified because Hogan "deliberately altered" his email exchanges with Guy in 2015 "to conceal his own knowledge and participation in the efforts undertaken to alter the registry of Larry's Gulch."
Hogan gave the email exchanges to then-editor-in-chief of Brunswick News Patrick Brethour in February 2015, for his internal investigation. Hogan said he deleted sections "because he had already conveyed [that information] to Brethour verbally."
Hogan doesn't provide evidence of that. He said in an affidavit he no longer has the emails. None of Hogan's allegations have been proven in court.
Hogan said Brethour's internal investigation in February 2015 "was a sham."
He said BNI "intentionally manipulated" the findings to fire him and advance "an underlying objective to concentrate editorial control over its publications in its corporate directors, including [Brunswick News vice president Jamie] Irving."
Hogan and his lawyer, Scott Ellsworth, declined to discuss the lawsuit.
Brunswick News did not respond to a request for a comment. Patrick Brethour, who left the editor-in-chief position in July, turned down a request for comment.
Graham's subsequent columns about the case for Brunswick News said the company established Guy had been to Larry's Gulch once before, in 2008, and his name appeared on the guest logs in 2010 and 2011 as well.
Guy was reprimanded in the fall of 2013 for the trip that year. Irving and editor-in-chief John Wishart didn't know about the documents being altered at the time.
Graham said in her front-page report on the case "it would have been better" to publish a story acknowledging Guy's trip because Brunswick News had pushed for public disclosure of the annual guest logs.
Hogan said he continued to believe Guy's claim that he hadn't been to Larry's Gulch in 2013 until Brethour told him in February 2015 that the reporter who obtained the list had confirmed Guy's visit took place.
It was the discovery of the document altering in February 2015 that let the company to fire Hogan, the company said.
The effort to change the guest logs worked: a second version of the 2013 list, released in March 2014 to the newspaper L'Acadie Nouvelle, did not include the NB Liquor trip that Guy was on.
An investigation by provincial Information Commissioner Anne Bertrand
concluded that Fowlie and Greg Lutes, the deputy minister of tourism,
parks, and culture at the time, had the guest lists changed.
She said in her report that Fowlie had described it as "a favour for the editor who had asked him to remove from the guest list the name of the organization where he worked." She said Fowlie told her the list was "modified on a regular basis" because it was often "filled with errors."
Even so, the changes were a violation of the Right to Information and Protection of Privacy Act, she concluded.
Hogan's suit doesn't shed any new light on how the Alward government and NB Liquor handled the documents.
To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.
By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.
Al Hogan makes the claim in a lawsuit against Irving-owned Brunswick News Inc., which fired him as managing editor of the Moncton Times & Transcript in 2015.
The company accuses Hogan of urging Murray Guy, an assistant editor at the newspaper, to ask government officials to conceal Guy's trip to the provincially-owned fishing lodge Larry's Gulch in July 2013. Guy was a guest of NB Liquor, which had booked the lodge.
But Hogan said in his statement of claim he was only trying to fix the erroneous listing that Guy was there "as a representative of the Times & Transcript."
Al Hogan was let go as managing editor of the
Moncton Times & Transcript following an ethical investigation
launched after another newspaper editor went to Larry's Gulch, the
government's fishing lodge, in 2013. Hogan is now suing. (LinkedIn)
Hogan said in the court document he suggested Guy contact Darell Fowlie, a deputy minister in the office of Progressive Conservative premier David Alward, "to have the mistake corrected."
But Hogan alleges Guy told him "he had in fact not attended" and would ask Fowlie to have his name removed altogether.
In its statement of defence responding to Hogan's lawsuit, Brunswick News disputes that Hogan and Guy were trying to fix a factual mistake.
- Larry's Gulch list raises 'serious legal implications': AG
- Larry's Gulch scandal emails released by NB Liquor
- Larry's Gulch lodge use, guest list cleared by RCMP
The company said Guy's trip — even if he claimed it was as a private citizen — "could compromise the perceived objectivity" of the newspaper.
A Brunswick News reporter got the guest list in the fall of 2013 through a routine right-to-information request. No story was done by the reporter.
2015 internal investigation
The alteration came to light when Canadaland, a media-criticism podcast, was working on a story about it early in 2015. Brunswick News launched its internal investigation and published the findings Feb. 17, 2015, announcing Guy had quit and Hogan was fired.
"It is contrary to journalistic standards to accept a gift from government or any government agency," wrote the paper's ombudswoman, Patricia Graham.
"It would bring into question Mr. Guy's impartiality and also the credibility of the newspaper in covering either NB Liquor or the government."
Hogan, who joined the Times & Transcript in 1997, said the company's published accounts of the controversy defamed him and prevented him from finding a new job. He is claiming unspecified damages. He said his annual salary was $112,250.
Larry's Gulch has exclusive access to some of the best salmon fishing on the Restigouche River. (CBC)
But Brunswick News said in its statement of defence the firing was justified because Hogan "deliberately altered" his email exchanges with Guy in 2015 "to conceal his own knowledge and participation in the efforts undertaken to alter the registry of Larry's Gulch."
Hogan gave the email exchanges to then-editor-in-chief of Brunswick News Patrick Brethour in February 2015, for his internal investigation. Hogan said he deleted sections "because he had already conveyed [that information] to Brethour verbally."
Hogan doesn't provide evidence of that. He said in an affidavit he no longer has the emails. None of Hogan's allegations have been proven in court.
- Larry's Gulch list was altered 'with intent to conceal information'
- Larry's Gulch documents review finds 'serious concern'
- Larry's Gulch controversy sparks 2 investigations
Hogan said Brethour's internal investigation in February 2015 "was a sham."
He said BNI "intentionally manipulated" the findings to fire him and advance "an underlying objective to concentrate editorial control over its publications in its corporate directors, including [Brunswick News vice president Jamie] Irving."
Hogan and his lawyer, Scott Ellsworth, declined to discuss the lawsuit.
Brunswick News did not respond to a request for a comment. Patrick Brethour, who left the editor-in-chief position in July, turned down a request for comment.
Similar trips in previous years
Graham's subsequent columns about the case for Brunswick News said the company established Guy had been to Larry's Gulch once before, in 2008, and his name appeared on the guest logs in 2010 and 2011 as well.
Guy was reprimanded in the fall of 2013 for the trip that year. Irving and editor-in-chief John Wishart didn't know about the documents being altered at the time.
Graham said in her front-page report on the case "it would have been better" to publish a story acknowledging Guy's trip because Brunswick News had pushed for public disclosure of the annual guest logs.
- Larry's Gulch 2013 booking for NB Liquor handled differently
- 2 Moncton Times & Transcript editors out after ethics probe
Hogan said he continued to believe Guy's claim that he hadn't been to Larry's Gulch in 2013 until Brethour told him in February 2015 that the reporter who obtained the list had confirmed Guy's visit took place.
It was the discovery of the document altering in February 2015 that let the company to fire Hogan, the company said.
Guest logs were changed
The effort to change the guest logs worked: a second version of the 2013 list, released in March 2014 to the newspaper L'Acadie Nouvelle, did not include the NB Liquor trip that Guy was on.
Access to Information and Privacy
Commissioner Anne Bertrand concluded government officials changed the
guest logs for Larry's Gulch and should not have done so. (CBC)
She said in her report that Fowlie had described it as "a favour for the editor who had asked him to remove from the guest list the name of the organization where he worked." She said Fowlie told her the list was "modified on a regular basis" because it was often "filled with errors."
Even so, the changes were a violation of the Right to Information and Protection of Privacy Act, she concluded.
Hogan's suit doesn't shed any new light on how the Alward government and NB Liquor handled the documents.
To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.
By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.
33 Comments
Mario Doucet
Senior newspaper staff in bed
with politicians never ends well for the news staff, they knew the
consequences and deserve the outcome.
William Roberts
@Mario Doucet In this
province that is "job requirement". Politicians in bed with Irving as
designated. The news is perception management ground zero. "How would
you like us to spin this?"
Paul Bourgoin
@William Roberts
Was he in bed or was he following instructions?
Was he in bed or was he following instructions?
David Raymond Amos
@Mario Doucet I agree but in
sincerity I am enjoying the fact that the lawsuit exists because some
truths may be revealed at trial.
However I will lays odds that the Irving Empire will settle with Hogan just because folks are talking in a CBC website which can be read for free everywhere. Methinks the Irvings hate the limelight. Why else would they own all the newsrags in "The Place to BE"?
However I will lays odds that the Irving Empire will settle with Hogan just because folks are talking in a CBC website which can be read for free everywhere. Methinks the Irvings hate the limelight. Why else would they own all the newsrags in "The Place to BE"?
David Raymond Amos
@William Roberts YUP
everybody in the know knows that. Do tell do you recall the Irving
Empire using an Anton Piller Order to search the panty drawer of the
wife of the editor of a start up news rag in Woodstock? Now that was
truly hilarious.
Al. Dunn
No Winterfest this
year..(story below) because of lack of "resources".. Maybe if the police
hadn't spent $350,000 of our tax dollars on the new armoured
para-military truck so they play at being tough guys...there would be
enough to host this extremely popular winter event which benefits the
whole city
William Roberts
@Al. Dunn Merely a case of
"not" properly assessing certain segments of our properties for taxation
purposes. Not going to mention any names but it starts with
Irvin....g!!!
David Raymond Amos
@Al. Dunn What does any of that have to do with this news article?
1 hour ago
Jason Creamer
hmmm so someone gets fired
for reporting the truth. Why? oh wait that's right... high profile
people and government can't accept and handle the truth.
Mike Archibald
@Jason Creamer I don't think you actually read the article.
David Raymond Amos
@Mike Archibald Your statement begs the obvious question from me, Do you read anything or just comment a lot?
David Raymond Amos
@Jason Creamer You got that
right Last year while I was running for a seat in the 42 Parliament an
Irving editor and a reporter insulted me claiming that I was a nuisance
to politicians. Go Figure why they were surprised that I would not allow
them to interview me. They got quite huffy when told them to merely
reprint what they said of me in 2004 when I ran in the election of the
38th Parliament My concerns and issues had not changed.
Freddy Rose
""It would bring into
question Mr. Guy's impartiality and also the credibility of the
newspaper in covering either NB Liquor or the government.""
That's funny because the way I see it, the Irving media empire has no credibility anyway.
Case in point - was there any coverage in the Irving newspapers about the decades old property tax concessions that were recently uncovered by the CBC?
That's funny because the way I see it, the Irving media empire has no credibility anyway.
Case in point - was there any coverage in the Irving newspapers about the decades old property tax concessions that were recently uncovered by the CBC?
Mac Isaac
@Freddy Rose To answer your question: You bet there were!! Many, many, many, many...
David Raymond Amos
@Freddy Rose I for one would
not know what the Irvings publish.I don't buy Irving propaganda in hard
copy and their words are behind a paywall on the Internet. The only
words of the Irvings I get to read are what some politician or the likes
of Chucky Leblanc et al repeat with their blogs or FaceBooks etc.
However now that the MSM has labeled the Alt News Sources as Fake News
and the recent talk of censorship that stuff may go the way of the Doo
Doo Bird..
All I can say about the Irvings et all Yea Right as if the MSM nonsense is for real. In a nutshell methinks it is all just spin and most of us get the governments we deserve because apathy rules the day anyway.
All I can say about the Irvings et all Yea Right as if the MSM nonsense is for real. In a nutshell methinks it is all just spin and most of us get the governments we deserve because apathy rules the day anyway.
47 minutes ago
William Roberts
Hogan verses Irving...LOLOLOLOL Wonder where that will go? That Lawyer is out of Province no doubt.
"the controversy defamed him and prevented him from finding a new job"
The call it "Black Balling" . Was he applying within this province?
"the controversy defamed him and prevented him from finding a new job"
The call it "Black Balling" . Was he applying within this province?
Charlie Papa
@William Roberts actually i think its Blacklisting. Black Balling is a totally different thing... :D
Mike Archibald
@Charlie Papa These days
there are no jobs out there for reporters or editors. There is no need
to black ball...er blacklist them!
David Raymond Amos
@Mike Archibald So you say EH?
David Raymond Amos
@William Roberts Nope he is a
Queens Counsel with his own firm on Main St in Moncton Ellsworth
Johnson & Partners Trust that he smell MONEY. I wonder who the
Irvings lawyer is and why didn't CBC tell us.
Paul Bourgoin
I wonder if someone is trying
to convince or strong arm the Province to sell Larry's Gulch Fishing
Lodge and the Restigouche fishing Lease in a one buyer Auction Sale??
HMHMHMHMHM!
HMHMHMHMHM!
@Paul Bourgoin That would not
surprise me but I don't think that the Irvings would dare be that one
buyer with all the press about it. Perhaps Franky Boy McKenna will such
his friend the Clintons have their questionable foundation buy it under
the premise to save the salmon. The they will have a place to hide out
in the north woods.
Content disabled.
David Raymond Amos
@Paul Bourgoin That reminds
me I uploaded an old political video we paid for in order fo Canadaland
to checkout last year before the very sneaky Jesse Brown came down to
Fat Fred City to give his big talk at the university
https://www.youtube.com/watch?v=XSCgMKFdr3U
If anyone bothers to check history after George H W Bush and Brian Mulroney went fishing with Bernie Lord his buddy Stevey Harper, Franky McKenna and Bernie Lord attended the next Bilderberger meeting in Paris.
Need I say that there are no coincidences when it comes to "The Powers That Be" in "The Place to Be" ? Furthermore nobody can deny that Mulroney main man Derek Burney the Master of NAFTA picked Harper's first cabinet . Correct?
https://www.youtube.com/watch?v=XSCgMKFdr3U
If anyone bothers to check history after George H W Bush and Brian Mulroney went fishing with Bernie Lord his buddy Stevey Harper, Franky McKenna and Bernie Lord attended the next Bilderberger meeting in Paris.
Need I say that there are no coincidences when it comes to "The Powers That Be" in "The Place to Be" ? Furthermore nobody can deny that Mulroney main man Derek Burney the Master of NAFTA picked Harper's first cabinet . Correct?
David Raymond Amos
@David Raymond Amos FYI As soon as CBC blocked me I quit
David Raymond Amos
I will lay odds that Hogan
his lawyer, Scott Ellsworth have no idea about my conversations and
emails with Patricia Graham and a dude who know longer works for
Canadaland. Methinks I should publish them in my blog EH CBC?
Jake Keating
I wouldn't mind hanging out
there in that place for a few days....looks pretty nice. Won't hold my
breath waiting for an invitation though.
James Reed
@Jake Keating
I've been fishing there - it's not all that nice, think rustic hunting/fishing camp. If you or anyone else wants to spend some time there all they have to do is book some days. I don't agree with departments just using it as a perk for friends and political insiders, but I don't think the government should sell it - it's one of the last places on that river that isn't privately held.
I've been fishing there - it's not all that nice, think rustic hunting/fishing camp. If you or anyone else wants to spend some time there all they have to do is book some days. I don't agree with departments just using it as a perk for friends and political insiders, but I don't think the government should sell it - it's one of the last places on that river that isn't privately held.
David Raymond Amos
@Jake Keating I can't imagine even sharing a meal with such people no matter the setting
Jef Cronkhite
Semantics and misdirection.
The guy went to the lodge, and he shouldn't have. Now he's
back-peddling, and blaming everyone but himself. It's bad enough trying
to cheat the system, but once you get CAUGHT, own up to your mistakes!
David Raymond Amos
@Jef Cronkhite Right on sir
Mike Archibald
Thats pretty funny to hear
Brunswick news talk about a 'percieved lack of objectifity'. I
haven't seen much about the Irving tax breaks in the paper!
David Raymond Amos
@Mike Archibald They never mentioned my Father's battles with them over taxes either
David Raymond Amos
@David Raymond Amos They
never mentioned killing a blog of mine and two email accounts either but
then neither did your blogger hero Chucky Leblanc N'esy Pas?
Reid Gilker
Ohhhh what a terrible web we
weave (on the public's dime!). People who do what they are suppose to
be doing, just don't find themselves in a position like this!, and that
goes for all who were involved in this, from one end to the other.
David Raymond Amos
@Reid Gilker I agree.
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