The Impact of "CharterValues" and Campbell v. Jones: Is it Now Easier to Establish Qualified Privilege Against Defamation?
Canadian Charter of Rights and Freedoms, qualified privilege, values, courts, jurisprudence. rights, discrimination, black girls, Halifax, elementary school, personal search, Halifax Police Department, illegal, racism
The purpose of this case comment is to impel a discourse on whether Campbell v. Jones' has "loosened the test" on qualified privilege. In the aftermath of the Court ofAppeal decision, it might be tempting to suggest that Campbell v. Jones means that the defence of qualified privilege is being re-fabricated in light of the advent of the Charter of Rights and Freedoms, in order to take an expanded account of "Charter values" such as freedom of expression. This case comment adopts the contrary view, and asserts that what Campbell has really done is clarify exactly which type of extraordinary circumstances will found an occasion upon which a court will recognize qualified privilege in relation to a defamatory communication made to the "world at large." In other words, Campbell should be interpreted in a manner consistent with the traditional principles of qualified privilege and the pre-Charter jurisprudence.
Geoffrey Duckworth, "The Impact of "CharterValues" and Campbell v. Jones: Is it Now Easier to Establish Qualified Privilege Against Defamation?" (2006) 29:1 Dal LJ 277.