Canada’s Supreme Court throws out libel case against outspoken B.C. talk show host VANCOUVER — The country’s top court has absolved former Vancouver radio personality Rafe Mair of defamation for a commentary. The Supreme Court of Canada decision in the defamation suit also broadened a key defence often used by journalists to ward off libel actions. In a 9-0 judgment Friday, the Supreme Court of Canada ruled that Mair was engaging in fair comment in the 1999 radio editorial that was critical of Kari Simpson, a high-profile player in a campaign opposing the use of teaching materials about gay lifestyles in local schools. In the course of the editorial, the controversial former radio commentator made references to the Klan, Hitler and skinheads, although he claimed he wasn’t saying that Simpson actually advocated violence against gays. The judge went on, however, to say that Mair wasn’t liable for damages because he held an honest belief in the views he expressed – one of the traditional elements in the legal defence long known as fair comment. The Supreme Court, in Friday’s judgment went on to rewrite the legal test for such a defence. There was no proof that Mair’s dominant motive was personal malice, and thus “his expression of opinion, however, exaggerated, was protected by the law. “We live in a free country where people have as much right to express outrageous and ridiculous opinions as moderate ones.” A key component of the fair comment defence has long been that the person making the comment must sincerely believe in it. In the course of the ruling, however, the high court modified that test. Commentary must still have a factual basis, be made without malice and be in the public interest, said Binnie. But the test of honest belief is not whether the specific person holding the opinion believed it. The yardstick is whether any person might honestly hold the view based on the facts at issue. Binnie acknowledged that is “not a high threshold” for any defendant to met. But neither is it appropriate to rule out “a piece of devil’s advocacy” in any debate on a matter of public importance. Mair, who no longer works at the station, said he’s glad they took the case to the high court. “This could be a enormous benefit to the journalism industry and therefore, to the people that read and watch it,” Mair said in Vancouver. http://canadianpress.google.com/article/ALeqM5jdP5CRF6hm0H_fuYFL_m6d_jI7GQ
Too many people still do believe in their own sole right of free speech still but they do next try to deny these same right of others by even threatening to sue them for libel, slander.. sound Familiar Mr Stephen Harper PM of Canada? or Bell Sympatico? or the Toronto Airport Fellowship Church pastors? Benny Hynn? etc.,’
The pastors of the Toronto airport fellowship Church and many other pastors, Christians groups on the net had asked me in writing not to write to them, and what they can preach about the sins of others but I can’t do that to them? What hypocrisy on their parts now still too. Even in the churches, evangelical pastoral sections there are much too many really bad unacceptable apples still out there. Too often now our personal rights in this country are now slowly being forcibly demanded to ne sidetracked to accommodate others wishes … Imagine what Canada would be like if any of the church pastors, government forcibly told the citizens, the columnists, editors, commentators what they could and could not publish. Imagine if we had something like a Ministry of Truth, a Ministry of the Media, a Ministry of Thought. If that doesn’t scare you then you rightfully scare me. These bullying groups appear to be using any angle within the law, courts, or their influence to try and become our ’superiors’ in some way. It’s about time that truths that are unpalatable to certain sections of our society be allowed to be expressed. We live in a free country, with the right to freedom of expression and speech. Telling the facts does not constitute a ‘hate’ crime now as well. Only those people who want to curtail or own freedoms while they use theirs would call this a hate crime. If these various groups or people cannot tolerate anyone’s free speech, or debate, why in the world are they living in the west? If you don’t like the freedoms that are enjoyed by ALL citizens here, then go live in a country where theirs and your freedom now is denied. Without freedom of speech, and the freedom of the press we can no longer claim to be a democratic country. No one has the right to stifle the free dispensing of valuable information. Not even Evangelical pastors. We must all be be vigilant against any attempts of demonic enslavement of us and the false hindrances of our own rights. “Those that try to silence honest, open, and free speech are a danger to this country. I hold that to be true. “
Now in Canada even I am very used to people the much too many Bullies who try to falsely dominate you, and these bullies go overboard in their reactions when you expose the truth about them and others especially when their pet idols, or careers are threatened. Me I am still rightfully actively resistant to all of the abusers, bullies, liars, even to the Church, GOVERNMENTAL, CORPORATE, POLICE oppressions still too. Even those persons who falsely try to send lawyers or the police to my home to harass me, to try to intimidate me, to shut me up. I clearly do believe in the right of everyone to speak, to speak out as well, and to be equally heard by all, so we can all judge what has been said if it is appropriate and we can next corresponding act upon it, even in the church, in the government, on the Internet now too. Clearly some people falsely DO DISALLOW THIS RIGHT… the bad persons especially as even I know this for sure. They respond with a personal attack, inquisition, censorship, lies, slanders, diversions, distortions, instead of facing, dealing with the facts, truths being presented. Confirming to many what they still are really like, immoral, abusive bullies.
[CNW, Press Release] Maclean’s magazine is pleased that the Canadian Human Rights Commission has dismissed the complaint brought against it by the Canadian Islamic Congress. The decision is in k… more »
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Mind you the same radio station did not like all the bad publicity they got and the radio personality next lost his job anyway.
Anyway all Christians are governed by higher laws even that of showing love to others, meekness too, humility and purity too… not just whether they can be sued for libel, slander..
Now too often I myself also do not agree with the comments, free speech, but I merely tend to disregard it it next..
but what I do rightfully oppose still any and all free speech especially on the so called Christian Churches Internet sites, that is lying, slanderous, insulting, abusive, bullying, bashing.. such as the false bash of Pentecostals by the Brethren, Baptists, Reformed, etc., haters. Or the supposedly evangelical Baptist pastor who had said in the pulpit that he could not understand what Hitler did that was so bad, I helped to fire him , he now sells life insurance instead..
( I heard a Muslim recently say the same thing to me, and so I asked him what he thought next if I will post a cartoon with the picture of his so called prophet saying the same thing.. he next quickly got red and objected to it..)
and even here now we all do still have 2 alternatives.. we can post our rebuttal, objections on their Internet site our ours
or next even take the matter further to the news media, or before the provincial Human Right Commissions, and others too..
not all justice is handled in the courts of Law or by a lawsuit.
https://postedat.wordpress.com/2008/07/18/libel-2/
http://thenonconformer.wordpress.com/2008/08/09/libel-on-the-net/
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