[126]
In short, not all counter-speech is of equal value (R. v. Keegstra, [1990] 3
about whether a defamation action brought as a result should be dismissed before trial
under s. 4 of the Protection of Public Participation Act, S.B.C. 2019, c. 3 (“PPPA”).
[127]
Public debates on contentious issues can lend themselves to the use of
intemperate, offensive or harsh language aimed at discrediting one’s opponent
(Keegstra, at p. 832, per McLachlin J. (as she then was), dissenting). Although freedom
of expression protects such language, the protection it offers is not absolute. It is limited
by, among other things, one’s right to the protection of one’s reputation (Hill v. Church
of Scientology of Toronto, [1995] 2 S.C.R. 1130, at paras. 102-6; Bou Malhab v.
Diffusion Métromédia CMR inc., 2011 SCC 9, [2011] 1 S.C.R. 214, at para. 17).
[128]
As with freedom of expression, our law’s protection of reputation is
anchored in the notion of human dignity that underlies the rights guaranteed by the
Canadian Charter of Rights and Freedoms (Hill, at paras. 120-21; see also Gilles E.
Néron Communication Marketing Inc. v. Chambre des notaires du Québec, 2004 SCC
53, [2004] 3 S.C.R. 95, at paras. 52-53). While not a freestanding right, respect for
one’s reputation is essential to participation in society (R. v. Lucas, [1998] 1 S.C.R.
439, at para. 48, per Cory J.). Thus, there is a strong societal interest in ensuring that
individuals can protect their good reputation, as a “reputation tarnished by libel can
seldom regain its former lustre” (Hill, at para. 108).
2023 SCC 14 (CanLII)
S.C.R. 697, at pp. 760-61). This is an appeal about defamatory counter-speech and
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