Defamation, libel and slander: What are my rights to free expression?

PHOTO: Mike Gifford (CC)
June 15, 2015

The Canadian Charter of Rights and Freedoms guarantees the right to “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication”, but this right, along with all rights guaranteed by The Charter, is not absolute.

Some types of free expression in Canada are crimes, such as perjury, distributing obscene material, and hate speech. The right to free expression is subject to “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Free expression crimes in Canada are constitutional issues, and the onus is on the government to prove that the infringement is justifiable.

However, some limits on free expression in Canada have nothing to do with government restrictions or the right to free expression as defined in the Charter. One such limit is the civil tort of defamation.

Defamation refers to harming another person’s reputation by making a false written or oral statement about that person to a third party. Defamation law is not about protecting pride; it is about protecting reputation and offering restitution to people whose reputations have been wrongly damaged. Although courts will very occasionally issue an injunction to stop defamation that has not yet occurred, almost all defamation cases involve one person suing another for damages from defamatory statements that have already been made.

Tort law surrounding defamation law does not directly curb your right to free expression; it is not illegal per se. Rather, defamation is generally about paying damages to people that have been harmed by your speech. You can still say whatever you want, but you may have to pay for it (and you may have to pay a lot).

It should also be noted that defamation law in Canada varies from province to province. In Ontario, for example, legislation on defamation is found in the Libel and Slander Act. Defamation can be subdivided into libel and slander:

  • Libel: defamation with a permanent record, such as an email, a radio or TV broadcast, a newspaper, a website posting, etc.
  • Slander: defamation with no permanent record, such as a spoken statement or even a hand gesture.

If you are suing for libel in Canada, you do not need to prove that you suffered damages—you only need to prove that a false statement with a permanent record was made about you to a third party, and the court will presume that damages were suffered. If you are suing for slander, however, you usually do need to prove that damages were suffered. Proving that slander caused you financial loss is difficult, which is why slander cases are far less common than libel cases. There are a number of legal defenses against defamation:

1. You can claim that the statement was true; a true statement cannot be defamatory.

2. You can claim “absolute privilege,” which means that the communication was made in a venue where people ought to have absolute privilege to speak freely; this includes Parliament or giving evidence in a trial.

3. You can claim “qualified privilege,” which means that the communication was given in a non-malicious and well-intentioned context and therefore ought to be excused: for example, giving an honest but negative reference for a former employee.

4. You can claim “fair comment,” which means that your statement was a non-malicious opinion about a matter of public interest: for example, an editorial in a newspaper about a politician.

5. You can claim “responsible communication on matters of public importance,” which allows journalists to report false allegations if the news is urgent and of public importance, and if the journalist made an effort to verify the information. Even if the statement is false, the public has an interest in this type of discussion being legally permissible.

Key rulings in Canadian defamation law

In Hill v Church of Scientology of Toronto (1995), the Supreme Court departed from the American standard of requiring “actual malice” for libel; this makes libel easier to prove in Canada than it is in the U.S.

The Court also dismissed arguments that awarding damages in this case would cause “libel chill”—refraining from speaking out for fear of being sued for defamation—in Canada. In this case, the Court awarded Mr. Hill over $1.5 million in damages. This was certainly a loss for free expression in Canada.

While defamation tort law does not technically prevent defamation or make it illegal, the amount of money you may have to pay in damages for defamation can be financially crippling. In Leenan v CBC and Myers v CBC , the CBC was ordered to pay damages to two cardiologists who were wrongly portrayed in a negative light on a CBC program, showing that both Crown corporations and broadcasters of defamatory content, including broadcasters of content created by others, can also be liable for defamation.

In Grant v Torstar (2009), the Court created a new defense against defamation allegations (the fifth defense cited above): the defense of “responsible communications” for journalists. The Court ruled that the existing defamation law in Canada, in comparison to similar countries, was overly strict and that "this, in turn, may have a chilling effect on what is published. Information that is reliable and in the public's interest to know may never see the light of day."

In Crookes v Newton (2011), the Court ruled that publishing a hyperlink to defamatory material does not make one liable for defamation, because hyperlinking to material does not count as publishing that material.

These last two cases hint at a trend towards increasing protections for journalists against defamation. This is just a small sampling of many important Canadian court cases surrounding defamation.

In the interest of brevity, the takeaway is this: defamation law is an attempt to strike a balance between the right to free expression and restitution for individuals who have been harmed by that free expression—and while there have certainly been losses for free expression, there have been some recent victories for free expression as well. Defamation law in Canada is still evolving, and the list of acceptable defenses for journalists is growing.

What do you think?

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    commented 2022-01-25 21:40:01 -0500
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    Hello everyone, I want to share my life testimony on how Dr Kala brought my ex back to me, My boyfriend and I had an argument which led to us fighting, he packed his things and moved out of the house and told me he will never be with me again. I could not stand the chance of losing him and I went to beg him to come back home and he refused. I was going through some relationship tips online and I saw a comment on how Dr Kala helped to stop divorce and restore broken relationships. I quickly contacted Him and explained my problem to him and he told me he is going to get my ex boyfriend back to me with the power of love spell. He cast the spell for me and after 2days i started seeing results. My boyfriend called me and begged me to forgive him for the pains he has caused me and he returned back home to me and his son…Today my family is back again and we are happily living together. With the help of Dr Kala my happiness was restored and my boyfriend came back to me. I want to tell everyone out there just in case you need the help of Dr Kala kindly contact him through his Email: [email protected] or WhatsApp +2347051705853. His Website: https://luckyspelltemple.wordpress.com
  • Nem Vargas
    commented 2022-01-24 11:17:06 -0500 · Flag
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  • Nem Vargas
    commented 2022-01-24 11:16:22 -0500 · Flag
    I still can’t thank you enough DR BEN, My lover left for a younger lady because i was unable to give birth due to PCOS, I was so devastated i was lonely i cried a lot i even tried taking my life, I want to thank DR BEN for the great thing he has done in my life , he brought happiness back to my life, I never believed in spell casters until my life fell apart when my lover of 6 years decided to call it quit almost when we wanted to get married. I was so emotional breakdown to the extent i could not do anything reasonable again, after 2months in pain before a friend of mine introduced me to a spell caster online called DR BEN I was introduced to a true spell caster called (DR BEN ) In less than 48 hours i saw wonders, my lover came back to me and my life got back just like a completed puzzle, and after 1month later we got married and it was just like a dream to me because i thought i had lost him forever. Thank you DR BEN for helping me but most of all for your Honesty and Fast Accurate Results. if you have problem like mine or waste you can contact her via her email:[email protected], or WhatsApp Number: +2347044745704
  • Gavin Bloggs
    commented 2022-01-24 08:55:31 -0500 · Flag
    I found my wife cheating 7 months after our marriage, I started wondering why she was cheating on me with her Ex boyfriend. She filed a divorce and left home. I cried to my friend for help because I didn’t want to lose her to him. My friend told me how lord Bubuza fixed his relationship with his spell after 2 years of breakup so I spoke to lord Bubuza for help via WhatsApp: +1 984 240 7211. He responded and said my wife will come back to me begging on her knees for forgiveness. I did as he instructed. It was exactly 24 hours after lord Bubuza finish casting the spell and my wife started calling me and begging me to forgive and accept her back, We are happy together now. Lord Bubuza is a GOD on Earth, he has brought happiness back to our home with his spell. Are you heartbroken?? Contact him via WhatsApp: +1 984 240 7211 or email: lordbubuzamiraclework @ hotmail . com
  • Eden Diana
    commented 2022-01-21 14:59:55 -0500
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  • Lucaser Maxis
    commented 2022-01-20 19:01:48 -0500 · Flag
    Grief never ends, but it changes, Every next level of our life will demand a different version of us, sometimes people around you won’t understand your journey, do what makes your soul shine, all thanks to Dr Lomi, who brought joy back to my life by helping me to save my marriage, if you need any relationship advice that can help you get back your marriage or lover back don’t insist to Call/WhatsApp Dr Lomi via his phone number, +2349034287285 Or write to him via his E-mail; [email protected] he has the power to restore broken relationship, and he work perfectly.
  • Gavin Bloggs
    commented 2022-01-19 03:09:50 -0500 · Flag
    I found my wife cheating 7 months after our marriage, I started wondering why she was cheating on me with her Ex boyfriend. She filed a divorce and left home. I cried to my friend for help because I didn’t want to lose her to him. My friend told me how lord Bubuza fixed his relationship with his spell after 2 years of breakup so I spoke to lord Bubuza for help via WhatsApp: +1 984 240 7211. He responded and said my wife will come back to me begging on her knees for forgiveness. I did as he instructed. It was exactly 24 hours after lord Bubuza finish casting the spell and my wife started calling me and begging me to forgive and accept her back, We are happy together now. Lord Bubuza is a GOD on Earth, he has brought happiness back to our home with his spell. Are you heartbroken? Contact him via WhatsApp: +1 984 240 7211 or email: lordbubuzamiraclework @ hotmail . com
  • Bello Suleman
    commented 2022-01-19 02:47:04 -0500 · Flag
    Lottery spells that works immediately.
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  • Yanda Carter
    commented 2022-01-19 00:11:33 -0500 · Flag
    I’m so excited my broken Marriage has been restored. “We recently made up, even though it was difficult. It’s been more than a month now, and everything feels like it’s returned to normal. He has begun to treat me better, and it’s been a healing process for both of us. The nightmare that had lasted for almost 2 years before we broke up is finally over. It’s like we fell in love all over again! We’ve both put the past behind us, and are trying to move forward – and for the first time in a long time, the future looks a lot brighter. I can’t express in words how grateful I am Dr Jumba! It’s like we’ve finally rediscovered those things about each other that made us fall in love in the first place. All of the worrying and stress has simply vanished. Thank you Dr Jumba for saving my broken Marriage and bringing my husband back to me!”. my husband and I are living together happily again.. All thanks to Dr Jumba. If you have any problem contact Dr Jumba now and i guarantee you that he will help you contact him through : [email protected] or +19085174108
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  • Eden Diana
    commented 2022-01-18 15:11:31 -0500
    Hello my name is Eden Diana from USA i want to tell the world about the great and mighty spell caster called Dr Favour my husband was cheating on me and no longer committed to me and our kids when i asked him what the problem was he told me he has fell out of love for me and wanted a divorce i was so heart broken i cried all day and night but he left home i was looking for something online when i saw an article how the great and powerful Dr Favour have helped so many in similar situation like mine he email address was there so i sent him an email telling him about my problem he told me he shall return back to me within 11hrs i did everything he asked me to do the next day to my greatest surprise my husband came back home and was crying and begging for me to forgive and accept him back he can also help you contact [email protected] WhatsApp +2349033702398
    https://www.facebook.com/Dr-Faviour-110155391544109/
  • Gavin Bloggs
    commented 2022-01-18 10:34:38 -0500
    I found my wife cheating 7 months after our marriage, I started wondering why she was cheating on me with her Ex boyfriend. She filed a divorce and left home. I cried to my friend for help because I didn’t want to lose her to him. My friend told me how lord Bubuza fixed his relationship with his spell after 2 years of breakup so I spoke to lord Bubuza for help via WhatsApp: +1 984 240 7211. He responded and said my wife will come back to me begging on her knees for forgiveness. I did as he instructed. It was exactly 24 hours after lord Bubuza finish casting the spell and my wife started calling me and begging me to forgive and accept her back, We are happy together now. Lord Bubuza is a GOD on Earth, he has brought happiness back to our home with his spell. Are you heartbroken? Contact him via WhatsApp: +1 984 240 7211 or email: lordbubuzamiraclework @ hotmail . com
  • Gavin Bloggs
    commented 2022-01-18 10:34:14 -0500
    I found my wife cheating 7 months after our marriage, I started wondering why she was cheating on me with her Ex boyfriend. She filed a divorce and left home. I cried to my friend for help because I didn’t want to lose her to him. My friend told me how lord Bubuza fixed his relationship with his spell after 2 years of breakup so I spoke to lord Bubuza for help via WhatsApp: +1 984 240 7211. He responded and said my wife will come back to me begging on her knees for forgiveness. I did as he instructed. It was exactly 24 hours after lord Bubuza finish casting the spell and my wife started calling me and begging me to forgive and accept her back, We are happy together now. Lord Bubuza is a GOD on Earth, he has brought happiness back to our home with his spell. Are you heartbroken? Contact him via WhatsApp: +1 984 240 7211 or email: lordbubuzamiraclework @ hotmail . com
  • Rose Wendy
    commented 2022-01-18 09:31:17 -0500
    Greetings to every one that is reading this testimony. I have been rejected by my husband for almost 9 months just because another woman had a spell on him and he left me and the kids. One day when i was reading through the web, i saw a post on how this spell caster called Dr. Moonlight have helped a woman to get back her husband and i gave him a reply to his address and he told me that a woman had a spell on my husband and he told me that he will help me and after 2 days that i will have my husband back. I believed him and today i am glad to let you all know that this spell caster has the power to bring lovers back because my husband is fully back to me and the kids with much love. Thanks to Dr. Moonlight. His email: [email protected]
  • Mikel Joseph
    commented 2022-01-18 08:42:10 -0500
    Good day viewers across the globe , i am the happiest man today because my life have been transformed for good by DR NOBLE, i have been searching for a genuine death spell caster for 6 months now and i finally got the right one (DR NOBLE) who helped me cast a death spell on a woman who sent me to 3 years imprisonment for what i did not do after separating me and my wife few months ago , she falsely accused me and make arrangement with false witnesses to bear witnesses against me in the court and i was jailed and i went through hell, after 3 year i was released and i wanted to revenge and i started looking for a death spell to put on her although i got scammed four time but i refused to give up until i came in contact with Dr noble who helped me cast a death spell on her and within 3 days of contacting DR NOBLE , the lady was confirmed dead and i was so happy , i became more happier when my wife returned to me with the help of DR NOBLE love spell . i can now sleep with my two eyes closed without any fear of false accusation or oppression . thank you DR NOBLE indeed you have proven that there are still some good and genuine death spell caster and love spell casters in Africa.
    You can call or chat with him live on WhatsApp via + 234 8129950262 or email him for any spell via [email protected]
  • Monisha Alexis
    commented 2022-01-17 21:06:34 -0500
    I promise to share this testimony all over the world once my boyfriend returns to me, and today with all due respect I want to thank DR.ONIHA for bringing joy and happiness to my relationship and my family. I want to inform you all that there is a spell caster that is real and genuine. I never believed in any of these things until I lost my boyfriend, I required help until I found a great spell caster, And he cast a love spell for me, and he assured me that I will get my boyfriend back in two days after the spell has been cast. Three days later, my phone rang, and so shockingly, it was my boyfriend who has not called me for the past 6 years now, and made an apology for the heartbreak, and told me that he is ready to be my backbone till the rest of his life with me. DR.ONIHA released him to let me know how much I loved and wanted him. And opened his eyes to picture how much we have shared together. As I`m writing this testimony right now I`m the happiest girl on earth and me and my boyfriend are living a happy life and our love is now stronger than how it was even before our break up. So that`s why I promised to share my testimony all over the universe. All thanks goes to DR.ONIHA for the excessive work that he has done for me. Below is the email address in any situation you are undergoing, it may be a heartbreak, and I assure you that as he has done mine for me, he will definitely help you too.
    EMAIL: [email protected]COM
    CALL/WHATSAPP : +16692213962.
    Website: http://onihaspells.com.
  • George Ramos
    commented 2022-01-16 20:43:41 -0500 · Flag
    I just want to say Thank You to everyone who supported me through the years. My name is Manuel Franco, New Berlin, Wisconsin. My story of how I won the Powerball lottery of $768.4M is a bit of a tale. I have been playing Powerball tickets for 6 years now since I turned 18. I bought my first ticket on my 18 birthday. I was feeling very lucky that day because I had contacted Dr. Odunga to help me with the winning Powerball numbers. I really had that great great feeling that I looked at the camera wanting to wink at it. I only did a tiny part of it and trusted him. He gave me the numbers after I played a couple other tickets along with it for $10. I checked my ticket after the winnings came online and saw the numbers were correct including the Power play. I screamed for about 10 minutes because it felt like a dream. I had won $768.4M. You can check my winning testimony with the lottery officials just with my name search. Thank you Dr. Odunga. Well, his email is [email protected] and you can also call or Whats-app him at +2348167159012 so you guys can contact him
  • Laura Connor
    commented 2022-01-15 22:59:07 -0500 · Flag
    I don’t know how to explain this.. I am overwhelmed with happiness, You say it and it comes to pass Dr Oniha..OMG! This is more like a miracle. You are a God sent to me..I love you and I will forever testify about your services to other people who are also facing marital problems. You make my whole life a living testimony. My Man is back according to your word. All thanks to you Dr Oniha. I will forever be grateful to you. Bless you! Bless you!! bless you!!! Anyone out there having similar problems in his/her marital home should contact this great spell caster he can be of help. Contact Dr Oniha on his website or email.
    [email protected]
    CALL/Whatsapp number +16692213962
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  • Laura Connor
    commented 2022-01-15 22:33:43 -0500 · Flag
    I don’t know how to explain this.. I am overwhelmed with happiness, You say it and it comes to pass Dr Oniha..OMG! This is more like a miracle. You are a God sent to me..I love you and I will forever testify about your services to other people who are also facing marital problems. You make my whole life a living testimony. My Man is back according to your word. All thanks to you Dr Oniha. I will forever be grateful to you. Bless you! Bless you!! bless you!!! Anyone out there having similar problems in his/her marital home should contact this great spell caster he can be of help. Contact Dr Oniha on his website or email.
    [email protected]
    CALL/Whatsapp number +16692213962
    Website: https://onihaspells.com
  • Laura Connor
    commented 2022-01-15 22:33:23 -0500 · Flag
    I don’t know how to explain this.. I am overwhelmed with happiness, You say it and it comes to pass Dr Oniha..OMG! This is more like a miracle. You are a God sent to me..I love you and I will forever testify about your services to other people who are also facing marital problems. You make my whole life a living testimony. My Man is back according to your word. All thanks to you Dr Oniha. I will forever be grateful to you. Bless you! Bless you!! bless you!!! Anyone out there having similar problems in his/her marital home should contact this great spell caster he can be of help. Contact Dr Oniha on his website or email.
    [email protected]
    CALL/Whatsapp number +16692213962
    Website: https://onihaspells.com
  • Sophia Lucas
    commented 2022-01-15 06:45:44 -0500 · Flag
    A lot of people go through pains in their relationships it’s hard to give up on true love, sometimes we pretend to be fine but we are not, fighting to get the one we love is also fighting to get back our joy and . Dr Sam help the broken hearts for he’s capable and able to get your EX lovers, partners, wife and husband back with he’s powerful love spells and i assure you things will turn around for you Get in touch with him via through his Email address :[email protected] Or WhatsApp:+2349060421250 Thanks Dr Sam
  • Debby Lemon
    commented 2022-01-12 21:03:36 -0500
    Divorce marital breakthrough save your marriage / relationship from breakup Divorce? you can contact Dr,Best through email [email protected] call him directly WhatsApp on +234816509113
  • John Aloja
    commented 2022-01-11 22:58:15 -0500 · Flag
    I would gladly tell you all that I was able to put an end to my divorce issue and restore my marriage again, because I never wanted it to happen. I don’t know what came over my husband that he was filing for divorce, i tried to talk him out of it but he didn’t listen to me, i had no other option than to seek the help in any where I could think of and went to the length of contacting Dr.Unity and now am glad I did ask for help from him. Because if not for the help Dr. Unity, I don’t know what would have become of my marriage now because I loved my husband so much that I couldn’t stand losing him. The spell worked like magic with the way and manner my husband changed and started showing love instead of the divorce he was planning. I’m just too happy that everything is in place for me now. I would gladly recommend the use of spell to any one going through marriage problems and want to put an end to it WhatsApp dr unity at +2348055361568 ,or
    email him at: [email protected] and that was were i got the help to restore my marriage you can email or WhatsApp him: +2348055361568 .