Carter v. B.C. Federation of Foster Parents Assn.
[20]
Page 14
Ultimately, the question of whether the Commonwealth or American approach
is preferable has a considerable element of policy inherent in it. Recently, in Gilles
[2004] 3 S.C.R. 95, 2004 SCC 53, a defamation case brought against the CBC by a
communications consultant employed by the Chambre des notaries, LeBel J. for the
majority remarked on the balancing courts must undertake in defamation actions (at
paras. 52 and 54):
Despite its undoubted importance, freedom of expression is not
absolute. As this Court noted in Prud'homme [v. Prud'homme, [2002]
4 S.C.R. 663, 2002 SCC 85], at para. 43, freedom of expression can
be limited by the requirements imposed by other people’s right to the
protection of their reputation. Cory J. observed in Hill [v. Scientology,
[1995] 2 S.C.R. 1130], at para. 108, that reputation, as an aspect of
personality, is equally worthy of protection in a democratic society
concerned about respect for the individual:
Democracy has always recognized and cherished the
fundamental importance of an individual. That importance must,
in turn, be based upon the good repute of a person. It is that
good repute which enhances an individual's sense of worth and
value. False allegations can so very quickly and completely
destroy a good reputation. A reputation tarnished by libel can
seldom regain its former lustre. A democratic society, therefore,
has an interest in ensuring that its members can enjoy and
protect their good reputation so long as it is merited.
***
In an action for defamation the two fundamental values of
freedom of expression and the right to respect for one's reputation
must be weighed against each other to find the necessary
equilibrium.…
[Emphasis of LeBel J.]
2005 BCCA 398 (CanLII)
E. Néron Communication Marketing Inc. v. Chambre des notaries du Québec,
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