to their obligations is generally understood to be a critique, not a declaration of fact.
in the context of this case.
[113]
Additionally, Mr. Neufeld contends that because the Criminal Code
recognizes an offence of wilful promotion of hatred (see s. 319(2)), the allegation that
he “tip toed . . . into hate speech” would be taken as imputing criminal liability. I do
not agree that accusations of hate speech would necessarily be understood by ordinary
readers as referring to a Criminal Code offence. Such allegations have permeated
public discourse in a way that well exceeds their narrow meaning within the legal
system. In any event, the reference to hate speech was published within an ongoing
public debate in an editorial in which Mr. Hansman was being asked to comment on
the human rights complaint he had recently filed. It is clear, when read in context, that
the statement expressed Mr. Hansman’s belief that Mr. Neufeld had “tip toed . . . into
hate speech”, based on his own interpretation of Mr. Neufeld’s statements. An assertion
that might be taken as factual in one context may be properly construed as comment in
another (WIC Radio, at para. 26; see Awan, at para. 76 (calling someone a “liar” can be
fact or comment, depending on the context)).
[114]
Considered as a whole, the chambers judge was entitled to find under
s. 4(2)(a)(ii) that the “sting” of Mr. Hansman’s statements was “comment and it would
have been understood as such” by readers (WIC Radio, at para. 27).
(c)
Was the Fair Comment Defence Defeated by Malice?
2023 SCC 14 (CanLII)
Mr. Neufeld has not shown grounds to believe that it would not be seen as a comment
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