the impugned statements, and allegations of hate speech rank high on the scale of
or as the subject matter of a human rights complaint, accusing a person of hate speech
or promoting hatred against an identifiable group is extremely damaging to that
person’s reputation.
The absence of an apology is another aggravating factor increasing harm,
as is the stature of the defendant. The greater the reputation of the defendant, the greater
the impact that defamation can be expected to have on the plaintiff. In addition, the
context of the publication and the platform on which the impugned statements were
published should have been considered. The anonymity offered by the Internet,
combined with the increased accessibility and information sharing, can result in greater
harm to a person’s reputation. Moreover, it is an error to discount the part played by a
defendant in a plaintiff’s harm because others had expressed similar criticism towards
the plaintiff. A definitive determination of a defendant’s part in a plaintiff’s harm is not
required at this stage of the proceeding. Further, the fact that a plaintiff was not silenced
by a defendant’s statements does not negate any harm suffered.
The role of the court in the public interest weighing exercise under the
PPPA is not and should not be to evaluate the soundness of the parties’ respective
positions on an issue. Freedom of expression is content-neutral and would be seriously
undermined if the outcome of the weighing exercise depended on the alignment
between the views expressed by the defendant and those held by the court. The majority
2023 SCC 14 (CanLII)
seriousness. Regardless of whether such conduct is characterized as a criminal offence
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