[DOWNLOAD] "Case Comment: WIC Radio V. Simpson (Defamation) (Canada)" by University of Toronto Faculty of Law Review # Book PDF Kindle ePub Free

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eBook details

• Title: Case Comment: WIC Radio V. Simpson (Defamation) (Canada)
• Author : University of Toronto Faculty of Law Review
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 114 KB

Description

Abstract The law of defamation is the mechanism through which people protect and vindicate their reputations. Where an impugned statement is an expression of opinion, the main defence is that of fair comment. In WIC Radio Ltd. v. Simpson the Supreme Court of Canada considered the defence of fair comment for the first time since the advent of the Canadian Charter of Rights and Freedoms. In WIC Radio, the Court revisited its own decision in Cherneskey v. Armadale Publishers Ltd., which established more than 30 years ago that the defence of fair comment is available only where the defendant demonstrates that, inter alia, the statement is an honest expression of his or her opinion. At issue in WIC Radio was whether this subjective honest belief requirement should be retained. The Court held that it should not be, ruling instead that an "'objective" formulation of the "honest belief" test better conforms to the requirements of free expression endorsed as a fundamental value of our society by s. 2(b) of the [Charter]".

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