What are the consequences of defamatory statements against the government?

Ontario, Canada


The following excerpt is from Niagara Peninsula Conservation Authority v. Smith, 2017 ONSC 6973 (CanLII):

This decision should not be seen in any way as an encouragement to those who might engage in the making of irresponsible defamatory statements against government. If their statements are false, and particularly if made with a malicious intent, that will be brought to light through the various avenues of the political process, and those statements will be discredited. Individual members of the government who are defamed have the right to sue in order to protect their personal reputations. As pointed out by Cory J. in the Hill v. Church of Scientology case … at para. 106: Certainly, defamatory statements are very tenuously related to the core values which underlie section 2(b). They are inimical to the search for truth. False and injurious statements cannot enhance self-development. Nor can it ever be said that they lead to healthy participation in the affairs of the community. Indeed, they are detrimental to the advancement of these values and harmful to the interests of a free and democratic society.

Other Questions


What qualifies as qualified privilege when a defamatory statement is made? (Ontario, Canada)
What is the test for a claim for punitive damages in a defamation action brought by a plaintiff against a defendant who published defamatory material in their statement of defence? (Ontario, Canada)
Can a statement in a Statement of Claim be an admission? (Ontario, Canada)
How have courts interpreted statements relying upon statements relied upon by the applicants? (Ontario, Canada)
Is a statement by an accused a voluntary statement admissible in evidence against him? (Ontario, Canada)
What is the defence of qualified privilege in the context of defamatory statements? (Ontario, Canada)
Is restatement of its financial statements an acknowledgment by the company that it has made material misrepresentations in relation to its audited financial statements valid for a cause of action? (Ontario, Canada)
What is the difference between a police statement and a SCAN statement? (Ontario, Canada)
Does a motion of dismissal have to include cost consequences or cost consequences? (Ontario, Canada)
What is the test for approval of an amended statement of claim? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.