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Supreme Court of Canada to rule on freedom of expression in defamation cases

Ottawa – On Wednesday, April 18, the Supreme Court of Canada will be rendering its decisions in two cases: Richard C. Breeden, et al. v. Conrad Black, et al. and Les éditions Écosociété Inc., et al. v. Banro Corporation. The BCCLA is an intervener in both cases.

In Breeden v. Black, the court will determine if Mr. Black’s six libel cases against individuals associated with Hollinger International, the publishing empire he once presided over, can proceed. The defendants argue that Ontario has no jurisdiction over the cases because the defendants, almost all of whom are American, have no connection to Ontario. The allegedly defamatory statements were made in the U.S. but were accessed over the Internet in Canada and republished by Canadian news outlets.

In Les éditions Écosociété Inc., et al. v. Banro Corporation, the court will determine if Banro Corporation, a global mining corporation, can sue the publishers and authors of an allegedly defamatory book in Ontario. The publishers and authors of the book argue that the case should be heard in Quebec. The book was published in Quebec, and was then released to bookstores in Quebec, Ontario and elsewhere in Canada.

In both cases, the BCCLA presented arguments concerning how constitutionally protected values of freedom of expression, access to justice, and democratic governance ought to work together in relation to defamation cases.

The BCCLA is represented by Robert Holmes, Q.C. of Holmes and King and Jason Gratl of Gratl & Associates.

The arguments the BCCLA filed in the cases are available here:

Richard C. Breeden, et al. v. Conrad Black, et al. >>
Les éditions Écosociété Inc., et al. v. Banro Corporation >>

What: Supreme Court of Canada will issue decisions in two defamation cases.
When: BCCLA representatives will be available Tuesday, April 17 for comment in advance of the judgment, and after the judgment on Wednesday, April 18. (The reasons will be issued at 6:45 am PST/ 9:45 am PST on Wednesday, April 18.)
Where: Supreme Court of Canada, Ottawa, Ontario.
Who: Lawyers for the BCCLA will be available for comment

CIVIL LIBERTIES CAN’T PROTECT THEMSELVES