Understanding Defamation Law in Canada

Defamation law in Canada exists to protect a person’s reputation from false statements that cause harm. At the same time, it must balance that protection against the constitutional right to freedom of expression under the Canadian Charter of Rights and Freedoms. The result is a legal landscape that seeks fairness between personal dignity and open public discourse.

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What Is Defamation?

Defamation refers to a false statement that harms another person’s reputation. It can occur in two main forms:

• Libel – written or otherwise recorded statements (including social media, blogs, articles, or broadcasts).
• Slander – spoken statements, typically in conversation or speeches.

To prove defamation, a plaintiff (the person claiming harm) must generally establish three elements:

1. The statement was defamatory, meaning it would lower the person’s reputation in the eyes of a reasonable person.
2. The statement referred to the plaintiff, directly or by reasonable implication.
3. The statement was published or communicated to at least one person other than the plaintiff.

Unlike criminal charges, defamation cases in Canada are almost always civil matters—disputes between private parties handled in civil court.

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The Burden of Proof

Canadian defamation law operates under a notable presumption:
Once the plaintiff proves the statement was published, defamatory, and referred to them, the law presumes it is false and damaging.

This shifts the burden to the defendant (the person who made the statement) to raise a valid defence—such as truth, fair comment, or responsible communication.

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Common Defences to Defamation

1. Truth (Justification)
   The most powerful defence. If the statement is substantially true, it cannot be defamatory—even if it causes harm.
2. Fair Comment
   Protects opinions, criticism, or commentary on matters of public interest, as long as they are clearly recognizable as opinions and based on fact.
   Example: A film critic can harshly review a movie without being liable for defamation if the opinion is honestly held.
3. Qualified Privilege
   Applies when someone has a legal, moral, or social duty to communicate information to someone who has a corresponding interest in receiving it.
   Example: An employer providing a reference about a former employee, as long as it’s not malicious.
4. Responsible Communication on Matters of Public Interest
   This modern defence, recognized by the Supreme Court of Canada in Grant v. Torstar Corp. (2009), protects journalists and others who publish on matters of public interest if they act responsibly—meaning they verify facts, seek comment, and provide balance.
5. Consent
   If the plaintiff agreed to the publication, they cannot later claim defamation.

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Damages and Remedies

If a plaintiff succeeds, the court may award monetary damages to compensate for harm to reputation, emotional distress, or financial loss. In serious cases, courts may also award punitive damages to punish malicious or reckless behaviour.

Courts can also order injunctive relief—preventing further publication or requiring the removal of defamatory material, such as social media posts.

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Online Defamation in the Digital Age

The rise of the internet and social media has transformed defamation law. False or harmful posts can spread rapidly, leading to long-lasting reputational damage.
Canadian courts have adapted by recognizing that online defamation is just as actionable as print or broadcast libel.

However, courts also recognize the importance of freedom of expression online and expect claimants to demonstrate clear, serious harm before awarding damages.

Web hosts and social platforms may also be held liable if they refuse to remove defamatory content after notice.

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Balancing Reputation and Free Speech

Canadian defamation law ultimately seeks balance. The Charter guarantees free expression, but not the right to destroy someone’s reputation with falsehoods.
The modern trend in Canadian courts is toward protecting responsible public discussion, while ensuring that malicious or reckless falsehoods are held accountable.

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Key Takeaway

Defamation law in Canada protects both the right to a good name and the right to speak freely.
If you’re unsure whether a statement crosses the line, remember this rule of thumb:

Speak the truth, express opinions honestly, and verify facts before you publish.

That simple discipline can prevent years of legal trouble—and preserve both integrity and reputation.