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Canadian Defamation Law
Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. As with most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in the province of Quebec where private law is derived from French civil law). Common-law provinces Defamation law At common law, defamation covers any communication that tends to lower the reputation of the subject in the minds of ordinary members of the public. In particular, to establish ''prima facie'' defamation, the plaintiff needs to establish three things: # The material is defamatory, as in it lowers the reputation of the plaintiff in the eyes of the right thinking person # The material refers to the plaintiff, and # The material was communicated to a party other than the plaintiff Once ''prima facie'' defamation has been established, the defendant may present defences. Truth Truth (also referred to as justification) is an absolute defence to defam ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Strategic Lawsuit Against Public Participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns due to their chilling effect and are often difficult to filter out and pe ...
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Carleton University Press
Carleton may refer to: Education establishments *Carleton College, a liberal arts college in Northfield, Minnesota, United States *Carleton School in Bradford, Massachusetts, United States *Carleton University, a university in Ottawa, Ontario, Canada *Ottawa-Carleton District School Board Human names * Carleton (surname) * Baron Carleton *Carleton (given name) Places Canada * Ontario: ** Carleton (Ontario electoral district) (1867–1966, 2015–present) ** Carleton (Ontario provincial electoral district) (1867–1995, 2018–present) **Carleton County, Ontario (historic) **Carleton Place, Ontario **West Carleton Township, Ontario ** Carleton Ward of Ottawa, AKA College Ward * New Brunswick: ** Carleton, New Brunswick, now part of Saint John **Carleton Parish, New Brunswick, in Kent County ** Carleton (New Brunswick federal electoral district) (1867–1914) ** Carleton (New Brunswick provincial electoral district) (1995–present) **Mount Carleton, New Brunswick **Mount ...
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SPEECH Act
In the philosophy of language and linguistics, speech act is something expressed by an individual that not only presents information but performs an action as well. For example, the phrase "I would like the kimchi; could you please pass it to me?" is considered a speech act as it expresses the speaker's desire to acquire the kimchi, as well as presenting a request that someone pass the kimchi to them. According to Kent Bach, "almost any speech act is really the performance of several acts at once, distinguished by different aspects of the speaker's intention: there is the act of saying something, what one does in saying it, such as requesting or promising, and how one is trying to affect one's audience". The contemporary use of the term goes back to J. L. Austin's development of performative utterances and his theory of locutionary, illocutionary, and perlocutionary acts. Speech acts serve their function once they are said or communicated. These are commonly taken to include acts s ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Court Of Appeal Of Quebec
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amo ...
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CBC News
CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.ca. Founded in 1941, CBC News is the largest news broadcaster in Canada and has local, regional, and national broadcasts and stations. It frequently collaborates with its organizationally separate French-language counterpart, Radio-Canada Info. History The first CBC newscast was a bilingual radio report on November 2, 1936. The CBC News Service was inaugurated during World War II on January 1, 1941, when Dan McArthur, chief news editor, had Wells Ritchie prepare for the announcer Charles Jennings a national report at 8:00 pm. Readers who followed Jennings were Lorne Greene, Frank Herbert and Earl Cameron. ''CBC News Roundup'' (French counterpart: ''La revue de l'actualité'') started on August 16, 1943, at 7:45 pm, being replaced by ''T ...
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André Arthur
André Arthur (December 21, 1943 – May 8, 2022) was a Canadian radio host and politician. He was the independent Member of Parliament for the riding of Portneuf—Jacques-Cartier from 2006 to 2011. He is known for his outspoken style and anti-statist right-of-center politics in a province known for mainly supporting left-of-center policies, but has nonetheless earned widespread popularity, earning the nickname ''le Roi Arthur'' ("King Arthur"). Personal life Both Arthur's father, René, and uncle, Gérard Arthur, were radio hosts. René and Gérard were Armenian immigrant children who came from Constantinople to Montreal in the 1910s, fleeing the Armenian genocide, with their parents and siblings, via New York City. According to Arthur, the family was mistakenly considered to be Jewish by some Montreal residents at the time, because their last name contained the name Isaac, thus being victims of antisemitism. Consequently, the family changed its name to Arthur, a French-soundi ...
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Osgoode Hall Law Journal
The ''Osgoode Hall Law Journal'' () is a law review affiliated with Osgoode Hall Law School of York University, Toronto, Canada Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho .... It has been publishing continuously since 1958. References External links *{{official website, http://www.ohlj.ca/ Canadian law journals Publications established in 1958 English-language journals 1958 establishments in Ontario Osgoode Hall Law School ...
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Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the ''Civil Code of Lower Canada'' (french: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. Scope The Code's scope is summarized in its preliminary provision: The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the ''jus commune'', or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as the foundation of all other adjacent laws, although other laws may supplement the Code or make exceptions to it.'' As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society. ...
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