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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).
Pages in category "Canadian defamation case law" The following 6 pages are in this category, out of 6 total. This list may not reflect recent changes. A.
defamation; Charter interpretation RJR-MacDonald Inc v Canada (AG) [1995] 3 SCR 199 September 21, 1995 tobacco, freedom of speech. Husky Oil Operations Ltd v Canada (Minister of Natural Resources) [1995] 3 SCR 453 October 19, 2005 applicability, paramountcy Chan v Canada (Minister of Employment and Immigration) [1995] 3 SCR 593 October 19, 1995
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justice
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory. The Criminal Code creates criminal offences with respect to different aspects of hate propaganda, although without defining the term "hatred".
Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.
Mugesera v Canada (Minister of Citizenship and Immigration) [2005] 2 S.C.R. 100, 2005 SCC 40 June 28, 2005 Crimes against humanity; removal; judicial review R v Marshall; R v Bernard [2005] 2 S.C.R. 220 , 2005 SCC 43 July 20, 2005 Aboriginal logging rights Provincial Court Judges' Assn of New Brunswick v New Brunswick (Minister of Justice)
Grant v Torstar Corp, [2009] 3 S.C.R. 640, 2009 SCC 61, is a 2009 Supreme Court of Canada decision on the defences to the tort of defamation. The Supreme Court ruled that the law of defamation should give way to the rights of a party to speak on matters of public interest, provided the party exercises a certain level of responsibility in verifying the potentially defamatory facts.