Based on your comments, I would guess that it’s you, not I that is the hot head. Fact of the matter is that I laughed while writing my last post. I laughed because of how ridiculous some of your comments were. However, I’d like to clarify a few things for you. One. I have an open mind, and two I am willing to learn from the interaction; hence the reason why I chose to open my mouth. So, being a man of my word, I did some research for both our benefit. As stated earlier, I am no lawyer, but I believe that I’m intelligent enough to be able to understand the following two websites, within reason.
http://laws.justice.gc.ca/en/charter/
In case you haven’t guessed by the url, it’s a link to the Canadian Charter of Rights and Freedoms. I’ll help you out. Here’s a cut and paste of the Fundamental Freedoms.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.
As you see, bullet B indicates, “freedom of thought, belief, opinion and expression, including the freedom of the press”. This means that whatever is written in this, or any other blog, is protected by that freedom. This applies within the limits of the Canadian Justice System.
So, let’s look at the Criminal Code of Canada.
http://laws.justice.gc.ca/en/C-46/
PART VIII of the Criminal Code of Canada is titled, Offences Against the Person and Reputation, probably a good place to start. Let’s see…. …
Section 298 belongs to the sections regarding “Defamatory Libel”, which is what the anonymous reader has accused me of.
Section 298 reads
298. (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
Interesting. So In order to injure the reputation of an individual does that individual not need to be identified? No names have been mentioned. So I see nothing in this section that makes me or any other person referred to in “Anonymous” reader’s comments that indicate actual libel. Lets keep reading.
298. (2) A defamatory libel may be expressed directly or by insinuation or irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by words.
Very interesting. So Libel can be marked on any substance. That means, I could arrange Alphagettis into a libelous sentence. Cool! Lets read on.
299. A person publishes a libel when he
(a) exhibits it in public;
(b) causes it to be read or seen; or
(c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person.
So, I’d have to publicly display my alphagettis. Sorry, I’d have to publicly display my alphagettis in a manner that shows intent that I want the person I’m allegedly defaming to read my noodles.
So before I continue, my blog, and that of “Mr. Justice” has already not met several key requirements for libel.
1. No person has been ridiculed, insulted, or exposed to hatred.
2. Although both the blogs in question are publicly published, it has not been stated that either blog has been published with intent that it should be read by the person it defames.
3. Furthermore, since no name is mentioned even had there been ridicule, insults, or exposure to hatred, no person was identified, therefore there’s no way to prove whom this alleged ridicule, insult or exposute to hatred is about. This makes points 1 and 2 mute.
But please let’s continue.
300. Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
301. Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Libel has strong consequences. Let this be a warning to all. Including those who publicly publish a comment indended for me to read, addressed to me calling me a “Pompous Ass”. This is clearly a statement directed at me to insult me (meets qualifications of section 298) and it was delivered with intent that it should be read by me (Section 299). And, since I was being accused of libel, anonymous clearly knows all about law, so that would mean section 300 would apply. Five years rather than two.
Lastly, lets look at how this legislation applies to blogs. What is a blog? Blog, or Web Log is a journal published by an author intended to provide items of public interest and public discussion. Sections 309 and 310 apply to this.
Public benefit
309. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.
Fair comment on public person or work of art
310. No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments
(a) on the public conduct of a person who takes part in public affairs; or
(b) on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof.
So if it can be stated that the Pickle’s Perspective, and Justice4Fathers Blogs are journals where the respective authors, publish material which is, on reasonable grounds considered true for the purpose of public interest for the public benefit would NOT be deemed to have published defamatory libel.
So, based on these readings, my beloved readers, here are the facts, about libel in Canada. I’d like to thank all my readers, whether you comment or not. I write this blog for your entertainment. For your input, and for your benefit. If my posts make you question something, I’ve done my job. This trip into my mind is bumpy, funny, ridiculous, and sometimes offensive, but it’s always 100% the pickle’s perspective.