The Supreme Court of Canada has again emphasised the importance of the common law evolving in a manner that is consistent with Charter values.
This was a private law defamation case involving a controversial radio talk show host, ‘M’, and a social activist opposed to any positive portrayal of a gay lifestyle, ‘S’. M publicly likened S to Hitler, the Ku Klux Klan and skinheads and S claimed defamation because she had never advocated violence against homosexuals. The trial judge dismissed the action on the basis that, while statements complained of in the editorial were defamatory, the defence of fair comment applied and provided a complete defence.
The Supreme Court upheld the trial judge’s finding, and affirmed the importance of protecting freedom of speech as well as respect for others, in light of the Charter. Justice Binnie held that the law of defamation may require modification to better accommodate the value of freedom of expression.
