Supreme Court Of Canada Widens Defamation Defence

A recent decision by the Supreme Court of Canada clarifies and widens the scope of what constitutes a "fair comment" in the context of a defamation action. The Court's decision confirms that fair comment will apply in a defamation action even if the person who made the defamatory comment did not honestly believe the opinion expressed by the comment was true, but it is an opinion that a person – however opinionated or prejudiced – could hold.

The Court's decision in WIC Radio Ltd. v. Simpson was the Supreme Court's first opportunity to consider the fair comment defence since 1979, and therefore the first since the Canadian Charter of Rights and Freedoms came into force. Although the Court was careful to explain that the Charter did not apply directly to the lawsuit (because it did not involve government action, but rather two private parties), it once again expressed its desire to ensure that