Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights – Courts – Whether the “Astley test” is constitutional and consistent with Canada’s obligations pursuant to the International Covenant on Civil and Political Rights – Whether the applicant’s right of freedom of expression thereby violated by the permanent injunction? – When can a judge disregard evidence on the trial record because one party did not “call” or “introduce” it, in deciding whether to put defences to the jury – Were the applicant’s Charter rights of a fair trial and of freedom of expression thereby infringed or denied by the lower courts – When are costs of trial ordered against a defendant in a defamation action unconstitutional and incompatible with Canada’s obligations pursuant to the International Covenant on Civil and Political Rights – Whether the lower courts themselves violated the applicant’s right of freedom of expression with costs? – Is the Canadian common law test for reasonable apprehension of bias (judicial bias) unconstitutional by virtue of being a violation of Article 14(1) of the International Covenant on Civil and Political Rights – Did the lower courts themselves thereby violate the applicant’s right to a fair trial? – Did the Court of Appeal violate the applicant’s equal-language Charter rights and privileges?

The applicant maintained a personal blog that was often critical of the University of Ottawa. In two blog posts he referred to the respondent, a professor at the university, in terms that led her to sue in defamation. The case was tried before a jury. The jury found the blog posts to be defamatory and also found actual malice.