Clouseau versus Sherlock

Sherlock Holmes, Philip Marlowe, Hercule Poirot and Nancy Drew.

Part of our fictional world list of some of the best “investigators”. All, amazingly adept at solving crime and the puzzles created by dastardly human behaviour. They were also very quick– often taking less than two hours or a few hundred pages to get to the bottom of it all. Of course, they were largely unburdened of actually presenting scrutable evidence and were also able to evade the vagaries of court rooms. Sadly, reality is much different. Or is it?

Like those fictional characters our new world reality has let loose upon us a burgeoning group of “investigators”. Strutting their investigational chops via the internet and the ever broadening world of social media. We are being inundated by a variety of individuals, from every walk of life, from every strata of society, all proclaiming themselves to be conducting revealing “investigations”. A cacophony of personalities with a view, a particular bent, a hunch, or just full of righteous indignation, wanting and willing to expose all of society’s evils. Able to reach quick decisions and thus clearing the way for simple formulations and black and white conclusions. We, the demanding public, have created the 21st century ‘investigator”, but is it our very own Frankenstein?

Television, podcasts, blogs, and the like are all granting themselves diplomas in a range of investigative abilities. No one is a poor investigator (which actually would be refreshing) everyone is a top notch, state of the art, card carrying 007. Overnight, they become self-proclaimed experts in forensics, interviewing, psychology, sociology and anthropology. Often they are polygraphic savants.

Their tools are their laptops and video viewers, able to see in video and photos the clues that have apparently long evaded all others.

They make broad assumptions such as: police can not see what we see; that their single witness can be relied upon for the singular truth; that the blood on the wall must be the blood of the victim; that clearly he/she is lying.

In this country, the big media; CTV, Global and the CBC have all fallen into the trap of filler versus content. They zealously portray many of their programs as being “investigative” journalism. Then, annually they take turns giving awards to each other.

Netflix, Amazon, Apple are all pushing programs claiming new or re-opened cases. Old murders, new murders, all slotted in and vying for views and likes, spliced in amongst their UFO “investigations”.

According to Wikipedia, an investigator “searches for clues, to gather evidence. They interview people, verify information, conduct surveillance, find missing persons, and gather vital facts for cases.” A rather shallow hurdle, allowing for a broad range of people with access to a microphone or a laptop to search for clues and evidence. All are now becoming involved, from the clearly mentally unstable to the geek in the basement watching his neighbours with his Ring camera.

The general public are equally at fault, falling into the irrational abyss– that if it is posted it must be true. It is truly rare that someone examines the information being provided with any sense of a critical eye. We look at an insurance company investigating an auto accident equally to that of the police investigating that same accident? A private investigator working for defence counsel proclaims findings in front of a herd of photographers is seen and measured through the same lens as the actual court record itself.

The internet investigators, the ones who are in some cases interfering with the actual gathering of evidence are often in a category to themselves. Digital photo or video captures often represent the height of their evidence and in most cases no attempts are made for corroboration.

Podcasts abound where the evidence is gathered on a slant, the perspective honed by a clear pre-set belief, often allowing a singular allegation as sufficient to condemn a person in the court of public opinion. The most recent glaring example in the U.S. is the Kyle Rittenhouse case in Kenosha Wisconsin, where even the President of the United States Joe Biden was quickly convinced by the media “investigation” that he suggested that Rittenhouse was a white Supremacist on two occasions. The fact that the victims were in fact white eluded the media and internet investigators. Since it was at a protest over Black Lives Matter– that it must have been black individuals who were the victims.

The CBC is one of this country’s greatest advocates of this investigative sleight of hand. A recent example is what prompted this particular blog.

The template seemingly being followed by the CBC goes like this:

1) Have a viewpoint and then set out to prove it.

2) Make sure it is portrayed as ‘ground breaking” (even if it isn’t)

3) Find people who are willing to support both your proposition and your findings. (Disregard all others)

4) The headlines should reflect some sort of conclusion. (whether the body of work supports it or not)

And finally,

e) Make it look like a massive amount of work.

There are plenty of examples, but this most recent example is a classic.

Titled, “Warning Signs Present in 1 of 3 Homicides of Intimate Partners, CBC investigation finds”

There are three identified “investigative” journalists in the masthead: Tara Carman, Kimberly Ivany, and Eva Uguen-Csenge. Tara is the “senior investigator” and is a “data journalist” which should give you a bit of clue of the nature of the evidence that is about to be revealed. Kimberly is an associate producer for the 5th Estate (another clue) and Eva is an “investigative video journalist” with a like for “data-driven” stories.

So these three individuals spent 16 months, put in over 30 Freedom of Information requests, then scoured the media entries and looked for fifty different “data points” concerning domestic homicides. They looked at the period of time between 2015 and 2020. The headline of the eventual story in its many forms is to be titled “Deadly Relationships”.

They claim and there is no reason to doubt them, that they have “examined” 400 cases.

Their pre-theory seems to have been that there are commonalities to all domestic homicides; and that they can be measured as predictors of the future of the crime.

Their conclusion was that “these crimes are preventable.” Pretty dubious theory, but using their measuring stick one can maybe say all crime is “preventable”.

Remembering the pre-mentioned template and the need to hype the findings they say– “the data points a never-before-seen mosaic of relationships that turn deadly. ” Never before seen is clearly a stretch of the truth, but the idea that they could predict and thus prevent this horrendous problem is really playing outside the sandbox. This is a crime that has been around as long as humankind and studied in many courses of psychology and sociology, but this investigative series is somehow new and revealing?

So what earth shattering “evidence” did they find in their quest? Well, lets start off with the mind-bending statistic that 3/4 of the victims were women, and, that 78% of the accused were men. Who could have guessed that?

Here are some other examples of their purported belief altering discoveries.

  • 1 in 5 cases had been involved in recent or pending separations
  • that in 15% of the cases there were patterns of coercive and controlling behaviours
  • 36 out of the 400 had had protective court orders in place
  • the most common charge was 2nd degree murder, followed by manslaughter
  • the most common weapon, the knife, the 2nd the gun (you were probably guessing blow dart)
  • 1 in 4 victims of homicide were Indigenous, clearly making them “over represented”. They represent 6% of the population and 18% of the homicides. By the way more Indigenous men were killed as well, then caucasian. Again “over-represented”.

Of course there would be no story without a villain.

So they point to some nefarious police behaviour. They accuse the police of “hiding these things” under ” a cloak of secrecy”. This is because the police did not reveal all the names on some of these investigations when served with a Freedom of Information request, the police arguing the privacy act. Not good enough according to these intrepid investigators.

Then came the interviews of all the victims of domestic violence who praised the CBC investigators for uncovering such a large stash of un-before seen findings. It would be all so laughable if it wasn’t such a serious subject.

So what should constitute an investigation? What are “investigator” qualifications? Is there a characteristic that is unique to being allowed to pronounce one as an investigator or your findings constituting an investigation?

It comes down to experience, one’s qualifications, and the level of inquiry.

In policing, it is the ability to sit in a room with someone having just killed their child and remain above the mental sewage and still able to try and show empathy. Or to sit with the rape victim through a rape forensic kit –knowing that this is the easy first step in a long investigation and court process. It’s the ability to enter a blood encased crime scene and interpret the meaning of the splatter, the placement of a fibre or a shell casing.

In some investigations, forensics, data knowledge and the ability to follow a paper trail is an asset, but in the end, there still has to be some knowledge and measurement of human behaviour. An ability to interact with people, to read and predict their reactions and their level of truthfulness. Not to judge, not to assume, to always be wary of preconceived notions. One needs to pick up and learn the patterns of human frailty.

We simply can not continue to downplay experience and the passage of time spent embracing a particular field of knowledge.

Of course, it takes years for this level of understanding to be able to refer to yourself as an investigator. By saying you are an investigator on LinkedIn or in a podcast does not make it so. Taking a Masterclass by an investigator will not make it so, just as a Masterclass by a novelist will not make you Ernest Hemingway.

We are a too impatient a society. We demand instant answers to complex situations. We don’t like grey, just black and white. We need to understand that it takes time. It is hard work. If it is not there then the contents and findings should be disregarded.

This is not to say that the media and some news organizations are not doing investigative journalism. ProPublica, the New Yorker, PBS Frontline, and the Washington Post are examples of investigative journalism, definitely left leaning but they are still maintaining standards of fact checking and corroboration. The Globe, the National Post, and the Financial Times have sporadic moments of in depth coverage, but they too are getting pulled into the fires of hyperbole.

For you in the CBC, and your latest foray into in-depth reporting, I am just asking that you call your “investigation” what it was– a “review” of data. No doubt it was time consuming and maybe even worthy in someone’s eyes, but it was not an “investigation”.

I think one should have to earn the moniker of “investigator”.

Photo courtesy of Flickr Commons by Olarte.Ollie – Some Rights Reserved

Collusion, tampering, obstruction…only in the U.S you say?

The Donald is struggling, twisting and turning in the winds of feral politics– his family, and financial skeletons exposed and being rattled as a bright light is being shone on all things Trump. We marvel and tune in every night to be updated on the latest insanity.

Trump has been battling hard, in this “post-truth era”, where ridiculous statements are blended and bent into truths, where any factual examination is pushed aside in favour of  the strident comment. Where objective facts are less influential in shaping public opinion than appeals to emotion and personal belief.

He has fired many, threatened to fire others, and has been tampering and belittling the Justice Department, the FBI and the Intelligence agencies in torrential bursts on Twitter.  He has fired the head of the FBI for not showing “loyalty” to him and continues to pursue Special counsel Mueller and the Deputy head of the Department of Justice Rosenstein.

Yet, for all his shenanigans, he has not prevailed, the hounds are still at the gates. The Mueller investigation carries on, in secrecy, seemingly oblivious to the rants of their President. The resulting outcome has yet to be revealed, but it seems unlikely that Trump will come out unscathed. We can only hope that someone continues to keep him away from the nuclear codes.

The President of the United States has been stymied by both an independent and highly resistant judicial and investigative arms, and a highly mobilized 5th Estate.  Freedom of the press is highly guarded in the U.S., supported and backed on many occasions by their most Supreme Court. Justices Black, Marshall, and Douglas wrote, in an infamous test in the courts concerning freedom of the press –” the courts lack the power to suppress any press publication no matter how grave a threat to security”

As much as we often dislike the Americans for their gung-ho bravado, their rights to bear arms, and their often fierce patriotism, one must have some admiration for their ability to pursue, once finally convinced of a wrong doing.  No one is above the law, even the President himself. And this is not the first time, we don’t have to go back very far to Clinton and Nixon, both of whom went down for their indiscretions exposed by a media and subsequent judicial examination.

Which leads us to wonder what about Canada? We are a bland nation in comparison, which maybe good depending on one’s point of view.  This is a nation which is complacent, its peoples often accused of feverishly pursuing the government pension rather than displaying an entrepreneurial spirit.  We are slow to demand answers, more wanting to believe rather than disbelieve our leaders. The political fire and brimstone, often seen to the south of us, seems dramatically lacking in this country.

We never seem comfortable rocking the boat, we thrive in offering support, counselling, “moving forward” and “working together”.  We are populated by the polyester crowd, both in dress and thought.  Does this make us immune to bad and dangerous politicians like Trump? Do we have a swamp to drain, or are we in nirvana?

If our politicians were corrupt ; if our Prime Minister or some of his cohorts were doing something illegal;  if our Prime Minister was trying to alter the Justice system in his or her political favour; would they be exposed?  Would our 5th Estate be there, would they be asking the tough questions even under threat of being ostracized by their political leaders. Would our police and judicial arms swing into action?

There does not seem to be any reason for confidence.

Lets refresh our memories.

When the verdict was reached in the Colten Boushie case in Saskatchewan, both the Prime Minister and the Solicitor General of Canada were implicitly critical of the jury; as they sided with the indigenous voices of the day crying racism. They incorrectly scapegoated the pre-emptory juror challenges. Despite legal criticisms, they were undeterred in their wanting to assuage their indigenous constituency–so in the last month or so, the same  Solicitor General has now put forward proposals  to do away with those pre-emptory challenges. The Boushie family, when asked to comment, approved.

It seems clear that our elected leaders are not hesitant to interfere with the judicial system in order to further their political goals.

In a recent foreign affairs fiasco to India, Justin Trudeau ended up at the same party as Jaspal Atwal, a Canadian convicted of attempted murder in a terrorist style act, and was sidling up for the requisite selfies with both Justin and Sophie.

To explain away this breach of security, the PM put forward a senior government official, Daniel Jean, who not only explained some security measures, but went further and put out a conspiracy theory involving the Indian government. The conspiracy was vehemently denied by the Indian government and now does not seem to stand up to any kind of scrutiny.

The significant part in all of this was that this government official felt the need to assist in taking off the pressure off the  Prime Minister. Was he put up to it?

Is it possible the Security and Intelligence group were trying to aid the PM?  In the worst case scenario the PM office may have directed that this government official to put some spin on this story, throw out a little smoke screen.

Have we forgotten Senator Duffy , paid by the PM Harpers Executive assistant Nigel Wright, who used his own private funds to pay Duffy for what were believed to be fraudulent claims. Duffy was paid $90,000 to cover all the expenses he said he had claimed, and which he could now pay back, along with a promise to go easy on him.

Michael Cohen, paid off Stormy Danials with $130,000, on behalf of Trump. Is the Canadian version of Stormy Daniels Senator Mike Duffy? In typical Canadian fashion Duffy is now back in the Senate readying himself for collecting a government pension.

A two year inquiry into former Prime Minister Brian Mulroney and his connections to a German-Canadian arms lobbyist Karl Heinz-Schreiber found Mulroney accepted $225,000 in cash to hide the transactions.  The inquiry summarized the wrong-doing by saying,  in a typical Canadian spin,  “these dealings do not reflect the highest standards of conduct”.

Mr. Mulroney’s daughter recently ran for the leadership of the Conservative party of Ontario.

The point of this historic review, is that the potential for wrong-doing in this country is a reality.  This country is not immune. But we are not looking.

Our 5th Estate has been deeply wounded, the National Post, the Globe and Mail, CTV, and the smaller papers are burdened by decreasing budgets and are in a deathspin struggle to remain relevant and financially viable.

The CBC clearly has become an arm of the Liberal party, and have been rewarded by increases in their annual budgets. If you are not a believer, the extra money even comes with strings attached; that the CBC develop a 5 year “accountability plan”, with no details given or outlined what this involves.

So that leaves us with the police and the Department of Justice.

In a recent Globe and Mail article, the article notes that Commissioner Lucki has not given any media conferences since her appointment, but was busying herself with finding a home in Ottawa.

However, what was striking was one paragraph, where the author discovers that the government “has been preparing a mandate letter listing the goals she needs to meet in coming years”. It goes on to say that this is unusual, something usually done for the Minister of a particular portfolio, but in this instance “the Federal government wants to lay out exactly what Canadians can expect of their new top cop”.

The days of an independent and viable national police force seem to be rapidly disappearing.  The Liberals have taken the step over the line, the line separating the state from the police.

The mandate of the RCMP is pretty obvious, enforce the laws as constituted.

The Commissioner represents the rank and file of the RCMP and the width and breadth of the investigational and operational policing across this country. In this time of proposed civilian oversight, these could prove to be dangerous times, given the nature of the current crop of politicians who seem to want to wrest control over the direction and scope of the National police force.

Ms. Lucki seems to have been chosen for her amenability to accept direction from the Liberals, one does not get the impression of her pounding the table to defend the rank and file, or standing up to possible governmental interference. Operational policing once again seems to be being pushed into the back seat.

Principals and scruples seem less apparent with our current Prime Minister as he frolics on the beach with Aga Khan. The Solicitor General seems unaware that it is ethically wrong to change the laws to cater to her core political base, a group for whom she once worked.

But no where in sight is anyone who seems concerned.

 

“What people fail to appreciate is that the currency of corruption in elective office is not money, but votes” – William F. Buckley. 

 

Photo courtesy of Flickr Creative Commons by DonkeyHotey – Some Rights Reserved