A2oz

Is Defamation a Crime in Canada?

Published in Legal Issues 2 mins read

Defamation is not a crime in Canada. It is a civil wrong, meaning that it is a private matter between individuals.

Understanding Defamation

Defamation is a false statement that harms someone's reputation. It can be:

  • Libel: Written or published defamation
  • Slander: Spoken defamation

Consequences of Defamation

While not a crime, defamation can have serious consequences:

  • Civil lawsuits: The person defamed can sue for damages, including compensation for financial losses, emotional distress, and harm to their reputation.
  • Reputational damage: Defamation can negatively impact someone's career, relationships, and public image.

Defamation Laws in Canada

Canada has laws that protect individuals from defamation. These laws are found in the common law and in provincial legislation.

Key Defenses to Defamation

There are several defenses to defamation claims, including:

  • Truth: The statement was true.
  • Fair comment: The statement was an opinion based on facts.
  • Qualified privilege: The statement was made in good faith and without malice, for example, in a legal proceeding or a journalist's report.

Examples of Defamation

Here are some examples of statements that could be considered defamation:

  • "John is a thief." This statement is false and could damage John's reputation.
  • "Mary is a terrible doctor." This statement is false and could harm Mary's career.
  • "The company's products are unsafe." This statement, if false, could damage the company's reputation and sales.

Conclusion

Defamation is not a criminal offense in Canada, but it is a serious civil wrong. Individuals who have been defamed can seek compensation through civil lawsuits.

Related Articles