CANADIAN ANTI-SLAPP MOTIONS
Defamation is a serious matter. In the words of Cory J for the Supreme Court of Canada: “A defamatory statement can seep into the crevices of the subconscious and lurk there ever ready to spring forth and spread its cancerous evil. The unfortunate impression left by a libel may last a lifetime.” Lawsuits against publishers of defamatory statements are meant to protect a plaintiff’s reputation and to provide redress for any actual or potential damages likely to be suffered because of the defamatory remarks.
With the advent of social media, individuals have access to a level of connectivity that is unprecedented in history. Communication to the public is instantaneous. While it has never been easier for individuals to exercise their right to freedom of expression, this landscape also creates an environment where defamatory statements can spread rapidly. Recent social and political trends, combined with the advent of anti-strategic litigation against public participation (SLAPP) legislation in a number of jurisdictions in Canada, have resulted in an increase in litigation in Canada in which defamation is alleged, and in which one or more of the parties points to their right to freedom of expression.
Defamation in Canada
In Canada, a plaintiff must establish three requirements, subject to any applicable defences, to obtain a judgment and award in a defamation lawsuit: (i) the defendant’s impugned words were defamatory in the sense that they would tend to lower the plaintiff’s reputation in the eyes of a reasonable person; (ii) the words referred to the plaintiff; and (iii) the words were published, meaning they were communicated to at least one person other than the plaintiff.
Jul-Sep 2024 issue
Borden Ladner Gervais LLP