Defamatory Libel (Offence): Difference between revisions

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; Release

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:''<u>Reverse Onus Bail</u>''

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{{IDCriminalAct|s. 300 {{DescrSec|300}}, 301 {{DescrSec|301}}, and 302 {{DescrSec|302}}}}

{{GeneralPubBan|s. 300 {{DescrSec|300}}, 301 {{DescrSec|301}}, and 302 {{DescrSec|302}}}}

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==Offence Wording==

; Defamatory Libel

; Punishment of libel known to be false

300 Every person who publishes a defamatory libel that they know is false is guilty of

R.S., {{LegHistory80s|1985, c. C-46}}, s. 300;

{{LegHistory10s|2019, c. 25}}, s. 118.

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; Punishment for defamatory libel

301 Every person who publishes a defamatory libel is guilty of

R.S., {{LegHistory80s|1985, c. C-46}}, s. 301;

{{LegHistory10s|2019, c. 25}}, s. 118.

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R.S., c. C-34, s. 265.<br>

<nowiki>*</nowiki> found unconstitutional, see below

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R.S., {{LegHistory80s|1985, c. C-46}}, s. 302;

{{LegHistory10s|2019, c. 25}}, s. 119.

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===Draft Form of Charges===

{{seealso|Draft Form of Charges}}

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; Mens rea

The offence under s. 300 is a specific intent offence that requires knowledge of falsity and intention to defame.<ref>

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; Constitutionality

The offence of publishing defamatory libel under s. 301 is of no force and effect as it violates s. 2 of the Charter is not savable under s. 1 of the Charter.<ref>

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Section 300 is constitutional.<ref>

{{supra1|Lucas (SCC)}}<br>

</ref>

===Defamatory Libel defined===

; Definition

<br>

Mode of expression<br>

R.S., c. C-34, s. 262.

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===Publishing defined===

; Publishing

299 A person publishes a libel when he

R.S., {{LegHistory80s|1985, c. C-46}}, s. 299; {{LegHistory10s|2018, c. 29}}, s. 31.

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===Definition of Newspaper===

; Definition of newspaper

297 In sections 303 {{AnnSec3|303}}, 304 {{AnnSec3|304}} and 308 {{AnnSec3|308}}, '''"newspaper"''' means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.

R.S., c. C-34, s. 261.

{{Annotation}}

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===Presumption Responsibility===

; Proprietor of newspaper presumed responsible

303 (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.

R.S., c. C-34, s. 267.

{{Annotation}}

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===Special Plea for Offence===

Section 607(2) states:

; In case of libel

R.S., {{LegHistory80s|1985, c. C-46}}, s. 607;  

R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F);  

{{LegHistory10s|2018, c. 11}}, s. 29.

{{Annotation}}

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; Libel, plea of justification

611 (1) An accused who is charged with publishing a defamatory libel may plead that the defamatory matter published by him was true, and that it was for the public benefit that the matter should have been published in the manner in which and at the time when it was published.

R.S., c. C-34, s. 539.

{{Annotation}}

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; Plea of justification necessary

612 (1) The truth of the matters charged in an alleged libel shall not be inquired into in the absence of a plea of justification under section 611 unless the accused is charged with publishing the libel knowing it to be false, in which case evidence of the truth may be given to negative the allegation that the accused knew that the libel was false.

<br>

R.S., c. C-34, s. 540.

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===Special Requirements on Counts===

; Special Provisions respecting Counts

; Sufficiency of count charging libel

R.S., {{LegHistory80s|1985, c. C-46}}, s. 584;  

{{LegHistory10s|2018, c. 29}}, s. 64.

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; Sufficiency of count relating to fraud

586 No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.

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R.S., c. C-34, s. 515.

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===Special Verdicts===

; Verdicts in cases of defamatory libel

317 Where, on the trial of an indictment for publishing a defamatory libel, a plea of not guilty is pleaded, the jury that is sworn to try the issue may give a general verdict of guilty or not guilty on the whole matter put in issue on the indictment, and shall not be required or directed by the judge to find the defendant guilty merely on proof of publication by the defendant of the alleged defamatory libel, and of the sense ascribed thereto in the indictment, but the judge may, in his discretion, give a direction or opinion to the jury on the matter in issue as in other criminal proceedings, and the jury may, on the issue, find a special verdict.

<br>

R.S., c. C-34, s. 281.

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; Available Dispositions

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; Costs

; Costs to successful party in case of libel

751. The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the court.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 751;  

{{LegHistory90s|1995, c. 22}}, s. 6.

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; How recovered

751.1 Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings.

{{LegHistory90s|1995, c. 22}}, s. 6.

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==Damages Orders==

; Miscellaneous Provisions

; Costs to successful party in case of libel

R.S., {{LegHistory80s|1985, c. C-46}}, s. 751;  

{{LegHistory90s|1995, c. 22}}, s. 6.

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; How recovered

751.1 Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings.

<br>

{{LegHistory90s|1995, c. 22}}, s. 6.

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