CMN 2170 : Lecture #5 Jan 24th 2013
Calamity an event causing great and often sudden damage or distress; a disaster ORIGIN late Middle
English (in the sense ‘disaster and distress’ ): from Old French calamite , from Latin calamitas .
Actual malice rule
Charter of Rights and Freedoms= core of the case. Challenge to the Charter of rights and Freedoms
Common law are distinct from statutory law.
Statues Criminal code of Canada with regard to criminal libel.
Statutory: Criminal code if you break it, you alleged have committed an offense.
R. Regina= Queen vs. Jones when you come across this in the reading.
Section 319 criminal code. Hate hate propaganda of the criminal code offense of infighting hatred.
Libel –published (written, but published, be specific)
Slander (ephemeral(not fixed)
Scientology introduces us to the Charter of Rights and Freedoms.
Charter is entrenched in the constitution.
Not just another act of parliament.
All other laws/ acts are subordinate to the Constitution Pierre Trudeau (1)
1982 takes control of its own constitutional affairs.
Appellants argue that the common law of defamation is unconstitutional.
Duress: a huge body of jurous prudence defense has been established Defensive Duress.
Reputation what is tolerable in a community.
How do we measure injury/ how do u prove that
Guarantees the sections set out in it decreased in a community this is proof that is libel. If that persons
standing has subject only to such:
prescribed by law as can be demontrously justified in a community.
Section 1 and 2: charter of rights and freedoms are the FUNDAMENTALS.
Scientology church of scientology
Casey Hill vs Morris Manning and Church of Scientology
Starting point section 32 sub 1 the charter of rights and freedoms applies to governmental state action
The charter of rights and freedoms Regulates relations between individuals an the state. Governmental
You do not have to be a Canadian citizen to enjoy the protection of the charter rights and freedoms
“everyone” – essentially everyone (anyone)on Canadian soil.
Innocent until proven guilty in a public hearing 11D of the charter the Morris Manning is arguing common
law of defamation is unconstitutional.
New York Times vs. Sullivan Starting point.
Common law of defamation when dealing with libel consists of an action of private litigants.
Only applies to governmental action.