| The Writers' Union of Canada has welcomed
the recent decision by the Ontario
Court of Appeal to make it easier for writers to defend themselves
against libel actions.
"This decision puts Ontario into the 21st century in
terms of freedom of expression," said Susan Swan, chair
of the Writers' Union. "It helps thaw the libel chill
in a jurisdiction that has had the reputation of being one
of the most pro-plaintiff in the western world. This decision
will now allow writers to more freely explore issues which
are in the public interest."
The decision by the Ontario appeal court makes it unnecessary
for media to "prove truth" when confronted with
a libel action in Ontario, but rather only to show that he
or she followed "accepted standards of investigation
and verification" and formed "an honest and reasonable
belief" in the truth of their statements. Libel chill
has long been used as a term to describe the type of self-censorship
by writers and publishers' lawyers to avoid making controversial
comments on persons or corporations.
"The Union has been fighting for more than 15 years
to have the laws in Ontario changed," said Swan.
In the early 1990s, the Union brought the issue of libel
chill to public attention by holding a demonstration which
picketed the offices of the Reichmann brothers, Allan Gottlieb,
and Conrad Black, because of concerns about libel actions
against writers. The demonstrating writers carried placards,
which were totally blank. "It was an attempt to show
the public that, under Ontario's libel laws, it was almost
impossible to say anything about anyone without fear of legal
action," said Ron Brown, chair of the Union's Rights
and Freedoms Committee.
The Union also intervened in the Hill v. Scientology case
at both the Ontario Court of Appeal and the Supreme Court
of Canada in the early 1990's, but that case failed to establish
a special defence that would have given the media greater
latitude to write about public officials on matters of public
interest. "This new defence is broader than the one we
were asking for over a decade ago in Hill v. Scientology,
" added Brown.
The Writers' Union of Canada is our country's national organization
representing professional authors of books. Founded in 1973,
the Union is dedicated to fostering writing in Canada, and
promoting the rights, freedoms, and economic well being of
all writers. For more information, please visit www.writersunion.ca.
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For additional information
Deborah Windsor, Executive Director
The Writers’ Union of Canada
416.703.8982 Ext. 221
dwindsor@writersunion.ca
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