SCC 22, at paras. 29-34, the evidence is unnecessary to resolve the appeal and I need
V.
Conclusion
[122]
I would allow the appeal, set aside the order of the Court of Appeal for
British Columbia, and restore the order of the chambers judge dismissing the
defamation action. I would make an order for costs to the appellant assessed on a party
and party basis in this Court and on an ordinary costs basis at the Court of Appeal, with
costs in the Supreme Court of British Columbia to be awarded on a full indemnity basis
pursuant to s. 7(1) of the PPPA.
The following are the reasons delivered by
CÔTÉ J. —
I.
Overview
[123]
In a famous concurring opinion, U.S. Supreme Court Justice
Louis Brandeis posited that the remedy for objectionable speech “is more speech, not
enforced silence” (Whitney v. California, 274 U.S. 357 (1927), at p. 377). The
argument that counter-speech is to be preferred to the censorship or silencing of ideas
perceived to be wrong or offensive is connected to the concept of a “marketplace of
ideas”
encouraging
competition
between
conflicting viewpoints.
However,
2023 SCC 14 (CanLII)
not deal with the motion.
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