Lessons from Potential Blogging Libel Suit in Canada

Mark Evans, a former journalist for the National Post and technology blogger, reported on a libel suit launched by Toronto lawyer and political activist, Warren Kinsella.

The freedom of expression is protected under s. 2 of the Charter,

Fundamental freedoms 2. Everyone has the following fundamental freedoms:

…b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

Blogs in particular are often used to fully express this freedom in Canada, but often in some very irresponsible and inflammatory ways..

The rights in s. 2 are not absolute. Under s. 1 limits are mentioned,

Rights and freedoms in Canada 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Certain infringements of fundamental freedoms are therefore justified under s. 1. Speech and expression in particular have been limited in R v. Keegstra and R v. Butler.

In general, the courts tend to maintain the greatest restrictions on expression when dealing with vulnerable populations and those subjectively at risk of fear. They are less restrictive towards commercial settings, and most permissive in political expression.

But some types of political expression still transcend these rights, libel being one of them. Kinsela asserted that a political blogger involves him a political scandal, and is suing him for $600,000.

Evans summaries some wise words of advice to the world of blogging, often characterized by no-holes-barred attitudes,

I guess we should be careful about the next time we think of flaming someone.

Although the suit was now resolved, the lessons from this case should be applied to other often irresponsible bloggers who continue libel activity today.

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Law is Cool
This site is intended to provide a resource for those interested in law. Current law students, graduates preparing for their bar exam, and members of the general public, can all benefit from a deeper understanding of the legal framework that helps shape our society.

3 Comments on "Lessons from Potential Blogging Libel Suit in Canada"

  1. This is really old news. In fact, I believe the suit was settled.


    LawIsCool: Thanks, and the post has been updated to reflect that. A reader sent this in to us so we posted it and added the relevant s.1 aspects.

  2. Romeo Montague | February 28, 2008 at 12:51 pm |

    Okay, a successful libel suit establishes that one can still successfully bring a suit against someone for libel. I’m not aware than anyone has suggested that libel is no longer actionable. You’ve knocked a straw man flat on its butt!


    LawIsCool: Not a strawman; this is an educational site. We often explore issues that are not contested simply for the sake of learning.

  3. I’m just taking advantage of your open comments to ask if you might have any news on the blog that the complainants against Maclean’s were going to start? If they wanted help with it, I know that Jay Currie has offered some. Also, many interested bloggers would help them publicize it. Thanks.


    LawIsCool: We are not privy to such information, and have not heard anything recently. We would suggest contacting the complainants themselves directly.

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