[1995] 4 WWR 153 (MBCA)

[1995] 4 WWR 153 (MBCA) provides a historical overview of defamatory libel and considers the constitutionality of defamatory libel provisions in the Criminal Code. Mr. S produced and disseminated posters which displayed a photo of his former intimate partner with text describing her as desperate and suicidal. He put the posters up around her university’s campus, where the victim was studying to be a teacher. One poster claimed that the victim “could not keep a guy” and stated that she had had an abortion. Another poster stated that the victim was a known sex offender. S also sent a letter to the victim’s employer purporting to be a collective of concerned parents. The letter falsely claimed that the victim posed a risk to children and had previously molested a ten-year-old boy.

At trial, the Court found that the posters contained false allegations which S made knowingly in order to insult and defame the victim. S was ultimately sentenced to 15-months imprisonment. On appeal, the Court upheld the sentence and found that s. 300 of the Criminal Code (aggravated defamatory libel) was constitutional.

Also see: [1993] MJ No 312 (MBPC); [1994] MJ No 148 (MBQB); [1995] SCCA No 133.


Criminal Offence(s): Defamatory Libel