April 14th, 2008
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Mark Steyn posts to inform us that Warren Kinsella, likely put out at the attention Richard Warman has garnered with his litigation, has filed a joint libel action against Free Dominion.
From a guy who has flat out said that Chris Selley links to “crypto-Nazis” this is more than a bit cheeky.
It will, however, be interesting if it goes to Court as the alleged libel seems to be that FD accused Warman and Kinsella of “Nazi-like behaviour”. Whatever could that mean? I can think of several things but libel chill is a terrible thing and I don’t have the time to frame them in certifiably non-libelous language.
Instead two comments: first it is good to have Warman and Kinsella sharing top billing on a Writ as it makes their connection crystal clear. Second, the weakness of this claim underscores the fact these are primarily political pieces of litigation.
The push back against the Chekists at the CHRC and their supporters has reduced those supporters to trying to silence the opposition by force of law. It would be interesting to know who is funding this attempt.
Meanwhile, Connie and Mark over at Free Dominion are going to need even more money to defend themselves against this legal assault. Go here to give.
Written by jay on April 14th, 2008 with 7 comments.
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The Globe and Mail is asking for nominations for the fifty best books in English. It is good fun to see what people send in - I suspect the Globe will rather wish that they had said “written in English” as there are a lot of people who figure that “War and Peace” is a great English novel.
However, near the lea shore we see this:
As for Patrick O’Brian’s Jack Aubrey: fie upon you sir! C.S. Forester’s Horatio Hornblower series is a broadside you cannot withstand. Horatio is the Star Wars (first film) to Jack’s Star Trek the first TV year. chris woodall, globe and mail
LOL. I enjoyed the Hornblower novels but I prefer the O’Brians. Hornblower seems too much in earnest whereas Jack Aubrey has the sardonic wit of a man of his time.
Written by jay on April 14th, 2008 with 13 comments.
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‘We have to get thicker-skinned. If we end up going on being this thin-skinned, we’re going to kill each other. So we need to have the ability to hear unpalatable stuff. What would a “respectful” cartoon look like? The form itself requires disrespect — so you either have the form, or you don’t… I think we’re being extremely wimpish at the level of ideas. People must be protected from prejudice against their person. But people cannot be protected from prejudice against their ideas — because otherwise we’re all done.’ salman rushdie, the spectator
Written by jay on April 14th, 2008 with 4 comments.
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I recognize that adopting this defence shifts the focus of defamation law away from the truth and towards the conduct of the defendant. In my view, this is an acceptable price to pay for free and open discussion. It has long been recognized that the public interest in affording the individual a way to “vindicate his reputation against calumny” has its limits and must be “accommodated to the competing public interest in permitting men to communicate frankly and freely with one another” on certain matters. Sharpe, J, Cusson v. Quan, 2007 ONCA 771 (CanLII) h/t Brian Babcock, Weiler, Maloney, Nelson
As the Warman case works its way through the Courts I suspect we are going to hear a good deal about the “public interest responsible journalism test” as enunciated by Mr. Justice Sharpe of the Ontario Court of Appeal. And, for people looking for a starting point to understand libel law and its evolution in Canada in light of the Charter of Rights and Freedoms Cusson is an clearly written summary.
One of the interesting questions such a defense will raise is whether or not bloggers are, as a matter of law, journalists, and whether one has to be a journalist to be able to raise the defense at all.
Of course how anyone expects to be able to deal with these relatively complex issues in a “simplified” process beats me; but I suspect a Court will recognize the impossibility and the case will be heard under a more regular procedure.
Written by jay on April 14th, 2008 with 13 comments.
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