Historic Defamation Decision Recognizes New Defence: Responsible Communication on Matters of Public Interest

In a dramatic and historic shift from the principles laid out by the Supreme Court of Canada in Hill v. Church of Scientology of Toronto, the same court determined in Grant v. Torstar Corp. that Canadian law needs a new rule that "gives greater scope to freedom of expression while offering adequate protection of reputation." The parameters of a new defence of "responsible communication on matters of public interest" were set out and justified on the basis that traditional defamation law "does not give adequate weight to the constitutional value of free expression." The following brief analysis will elucidate the shift in principles of the Supreme Court and outline the broad tenets of the new defence. The facts will not be commented on.