Canadian Civil Liberties Association Concerned about Criminal Libel Charges laid against Blogger Charles LeBlanc!!!!

This is going to be big News across Canada!!! Just got this a few minutes ago!!! February 1st, 2012 http://ccla.org/2012/02/01/ccla-concerned-about-criminal-libel-charges/ The CCLA has recently learned of the arrest of a Fredericton blogger under the Criminal Code’s criminal libel provisions. The blogger is alleged to have defamed a member of the Fredericton Police Force and was subsequently arrested and had his home searched and computer equipment seized. Criminal libel charges are very rare in Canada and one of the Criminal Code provisions dealing with this offence has been found to be unconstitutional by lower courts in multiple Canadian jurisdictions. The section allows for criminal sanctions to be imposed on individuals who have no intent to defame and who may even be speaking the truth. It places a severe and unreasonable restriction on freedom of expression which is protected by the Canadian Charter of Rights and Freedoms. It is deeply concerning that a police force is still laying charges under this section. CCLA’s concerns are heightened because the subject of the allegedly defamatory statements in this case is a police officer. CCLA has written to the Chief of the Fredericton Police Force asking for clarification regarding the charges, the role of the officer who is the subject of the statements in the investigation, the kind of independent oversight that is available when police officers are complainants in criminal matters, and information about the use of criminal libel charges by the Police Force. Read a copy of the letter here! Click below - Canadian Civil Liberties Association Concerned about Criminal Libel Charges laid against Blogger Charles LeBlanc! CANADIAN CIVILL IBERTIES ASSOCIATION 360 Bloor Street West, Suite 506 TorontoO, N M5S1 X1 Telephon(e4 16 ) 363-0321 FAX( 416)8 61-1291 E-mailm: ail@ccla.org ASSOCIATION CANADIENNDEE S LIBE RTECSI VILES 360r ueB looro uestB, ureau5 06 TorontoO, N MsS1 X1 T6l6phon(e4 16 ) 363-0321 T5l6copie(u4r1 6 ) 861- 12 91 Courrie:l mail@ccla.org Barry MacKnight Chief, Fredericton Police Force 3l I Queen Street FrederictonN, B E3B 1B1 Fax: (506) 460-2316 D(ECIJTTI'E COMMTTTEE coMrrE EJGCUTIF P6t Presidents Pr€sidents pr€c€dents JOHN NELLIGAN, Q.C. HARW W ARTHURS WAITER PITMAN MARSM|NEN Ilesident Pr6sident RICIiARD W POUND, Q.C. Vice-piesidents Vice-pr€sident(e)s FREDERIC BACHAND JAMIE CAMERON MARIYS EDWARDH KATHERINE GOVIER EDWARD L. GREENSPAN, Q.C. PATRICIA JACKSON MAHMUD JAMAL JOHN D. MCC,A,MUS DELIA OPEKOKEW ,THts HON, HOWARD PAWLtsY KENNETH P SIVAN DR. JOSEPH WONG Secretary secr€taire February 1,2072 SENT VIA FAX AND MAIL Dear Chief MacKnight, I write on behalf of the Canadian Civil Liberties Association (CCLA) to seek more information on the arrest of Fredericton blogger Charles LeBlanc and to express CCLA's concerns about this case. We understand that Mr. LeBlanc, apparently a vocal critic of the police force, was arrested on a criminal libel charge for comments he posted on his blog about a city police officer.' The CCLA is a not-for-profit public interest advocacy organization that has existed since 1964 to promote and defend the fundamental freedoms of all Canadians, including freedom of expression as guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. CCLA's work also focuses on the protections the Charter provides for those accused of criminal offences and on police independencea nd accountabilityi ssues. We understand that the Fredericton Police Force executed a search warrant at Mr. LeBlanc's home and that his computer equipment was seized in connection with the libel charge referenced above. This situation raises a number of concerns and questions and we would be grateful if you could clarify the following: 1. Have criminal charges been laid against Mr. LeBlanc for defamatory libel and were thesel aid on the recommendationo f the Crown? 2. Is the officer who is the subject of the allegedly defamatory statements involved in the investigation of this matter? Was that officer present during the execution of the search warrant and/or involved in the process that led to a search warrant being issued? 3. What type of independent oversight is available when police officers are involved as complainants in a criminal matter? 4. What are the Fredericton Police Force's procedures for investigating and laying charges with respect to defamatory libel under the Criminal Code? We also request that you provide us with information on the number of charges that the Fredericton Police Force has laid under each of ss. 300 and 301 of the Criminal Code in the last five years, along with information regarding the disposition of those charges. We understand from media reports that Mr. LeBlanc's charges fall under s. 301 of the Criminal Code which, as you may know, has been found to be unconstitutional by at least three courts in the jurisdictions." In our view, s. 301 cannot withstand constitutional scrutiny and it is problematic that charges under this section continue to be laid. This offence places severe restrictions on the fundamental freedom of expression of all Canadians and can have the result of chilling expression on important issue so f public interest. Section3 01 doesn't appear to require an intention to defame and could allow for a conviction for statements that, though defamatory, are true or that are false but were made in good faith. This violation of s. 2(b) of the Charter simply cannot be justified as a reasonable limit unders . I . Furthermore the context of this particular charge,involving a police officer as the subject of the alleged defamation, is quite concerning. Even if this matter doesn't proceed or Mr. LeBlanc is ultimately acquitted,t he use of police resources in this kind of investigation may place a chill on expression and discourage members of the community from speaking out on public issues that matter to them or criticizing the police even when such criticisms are valid and may ultimately benefit the public. In light of the specifics of this case, the Fredericton Police Force should be making every effort to act with transparency to address any apprehension of bias head-on.T he use of arrest powers by a police force against a critic on charges involving his expression is risky territory for a democracy and requires that the Force act with the utmost openness to ensure Iegitimacy,regardless of the merits of the case. We would be pleased to discuss this issue with you in further detail and await your prompt reply to our questions above. Sincerely, Sheetal Rawal Articlins Fellow c.c. The Honourable Marie-Claude Blais, Q.C., Attomey General (via email) I .c bcc. alnewslcnaa da/new-bnrus wicUstorv/210 " R. v. Giil (1996) 29 O.R. (3d) 250 (Ont. C.J. - Gen. Div.); R. v. Prior (2008), 292 D.L.R. (4n) 412 (Nfld. & LabradoSr. C.- TrialD iv.)a; ndR . v.L ucas(1 995)1, 29S ask.R5.3 ( SaskQ .B.).T hel attecr ase ultimatewlye ntt o theS upremeC ourto f Canadaw hichu pheldth ec onstitutionaloitfy s . 300o f the CriminalCodheo, wevetrh eQ ueen'sB enchd ecisionth ath elds . 301u nconstitutionwaals n ota ppealed / ,-fr &* /ta-*- U Nathalie Des Rosiers General Counsel