Bernier loses defamation fight against columnist who called him racist
Maxime Bernier has lost his defamation fight against a controversial columnist who repeatedly portrayed the People's Party of Canada leader as racist, misogynist and anti-Semitic during the run-up to the 2019 federal election.
His defamation suit against political strategist and pundit Warren Kinsella was tossed out of Ontario Superior Court on Wednesday.
Bernier had argued that his reputation was damaged by Kinsella, whom he accused of acting with malice on behalf of Conservative party operatives who had hired Kinsella's company, Daisy Consulting Group, to dig up dirt on the fledgling People's Party.
But while he said some of Kinsella's publications on social media and in mainstream newspapers were clearly defamatory, Justice Calum MacLeod ruled that Bernier had not proved that the harm to his reputation outweighs the importance of protecting freedom of speech on matters of public interest.
Ontario has adopted legislation meant to discourage so-called SLAPP suits -- strategic lawsuits against public participation -- that aim to limit freedom of expression.
Under that legislation, a plaintiff must prove that the harm to his or her reputation is such that the public interest in proceeding with a defamation lawsuit outweighs the public interest in protecting free speech. If that onus is not met, the suit must be dismissed.
MacLeod stressed that he was ruling strictly on whether Bernier met that onus, not on the substance of his complaint or on whether he "is or is not a racist or any of the other epithets thrown at him."
To ensure there could be no perception of "the court meddling in politics," MacLeod said he delayed releasing his ruling until after the Sept. 20 federal election, in which Bernier's party ran a distant fifth with just under five per cent of the vote and won no seats.
Bernier, a former Conservative cabinet minister, formed his own party after narrowly losing the Tory leadership in 2017.
The People's party ran in 2019 on a platform that opposed what Bernier called "extreme multiculturalism" and advocated cuts to immigration -- positions that were widely condemned as outright racist or, at least, pandering to racists.
MacLeod said Bernier also failed to meet the test that Kinsella had no defence of justification that would have a reasonable chance of success had the defamation suit proceeded.
"This is not a case of 'false news' with no foundation in fact. Mr. Kinsella was basing his comments on actual positions taken by Mr. Bernier and on actual events," MacLeod wrote in his ruling.
Nor was Kinsella alone in concluding that Bernier was racist and xenophobic or pandered to neo-Nazis and white supremacists. Such characterizations of Bernier were "rife" in mainstream media, the judge added.
"Mr. Kinsella may have approached his task with particular caustic enthusiasm but, at worst, Mr. Kinsella's postings can be seen as a drop of vitriol in a sea of criticism."
Bernier had alleged that "dirty tricks" launched by the Conservative Party, including the hiring of Kinsella's Daisy Group, cost him his long-held Beauce seat in Quebec. But MacLeod said there's no evidence to suggest Kinsella's efforts caused that harm, noting that Bernier himself admitted that few of his constituents were likely to have read Kinsella's broadsides, written in English.
In a written statement, Kinsella welcomed the "important" ruling.
"Bernier and his People's Party have lost yet again," he said. "We were always confident the court would dismiss Bernier's action, which was a clumsy attempt to silence dissent and legitimate criticism."
The lawyer for Kinsella and the Daisy Group, David Shiller, called the ruling a victory for "journalists, writers and bloggers."
"It means that those seeking high public office, like Bernier was, cannot use the laws of defamation to try to silence and punish their critics."
Shiller said his clients would be seeking compensation for their legal costs.
Kinsella has separately filed a libel notice against Bernier and the People's Party for alleging that he committed perjury.
During the election campaign earlier this fall, Bernier attracted large crowds with his opposition to vaccine mandates and other public health restrictions aimed at controlling the spread of COVID-19. His supporters were prominent among the angry, profanity-spewing protesters who dogged Prime Justin Trudeau's campaign.
Experts who follow hate groups have said the anti-vaccination fringe has been infiltrated and exploited by white supremacists.
This report by The Canadian Press was first published Nov. 10, 2021.
IN DEPTH
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Trudeau, key election players to testify at foreign interference hearings. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions are picking back up this week. Here's what you need to know.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.
Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
As GC Strategies partner is admonished by MPs, RCMP confirms search warrant executed
The RCMP confirmed Wednesday it had executed a search warrant at an address registered to GC Strategies. This development comes as MPs are enacting an extraordinary, rarely used parliamentary power, summoning one of its contractors to appear before the House of Commons to be admonished publicly for failing to answer questions related to the ArriveCan app.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Attempt to have murder charge quashed against alleged serial killer dismissed by judge
A motion filed by the man accused of killing four Indigenous women in Winnipeg to have one of those murder charges quashed has been dismissed by the judge – weeks before the start of his trial.
Government proposes new policy for federally regulated employees to disconnect from work
In their 2024 budget, the federal government wants to amend the Canada Labour Code, so employers in federally regulated sectors will eliminate work-related communication with employees outside of scheduled hours. If implemented, this would affect roughly 500,000 across the country.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
Local Spotlight
Marmot in the city: New resident of North Vancouver's Lower Lonsdale a 'rock star rodent'
When Les Robertson was walking home from the gym in North Vancouver's Lower Lonsdale neighbourhood three weeks ago, he did a double take. Standing near a burrow it had dug in a vacant lot near East 1st Street and St. Georges Avenue was a yellow-bellied marmot.
Relocated seal returns to Greater Victoria after 'astonishing' 204-kilometre trek
A moulting seal who was relocated after drawing daily crowds of onlookers in Greater Victoria has made a surprise return, after what officials described as an 'astonishing' six-day journey.
Ottawa barber shop steps away from Parliament Hill marks 100 years in business
Just steps from Parliament Hill is a barber shop that for the last 100 years has catered to everyone from prime ministers to tourists.
'It was a special game': Edmonton pinball player celebrates high score and shout out from game designer
A high score on a Foo Fighters pinball machine has Edmonton player Dave Formenti on a high.
'How much time do we have?': 'Contamination' in Prairie groundwater identified
A compound used to treat sour gas that's been linked to fertility issues in cattle has been found throughout groundwater in the Prairies, according to a new study.
'Why not do it together?': Lifelong friends take part in 'brosectomy' in Vancouver
While many people choose to keep their medical appointments private, four longtime friends decided to undergo vasectomies as a group in B.C.'s Lower Mainland.
Grain-gobbling bears spark 'no stopping' zone in Banff National Park
A popular highway in Alberta's Banff National Park now has a 'no stopping zone' to help protect two bears.
Deer family appears to accept B.C. man as one of their own
B.C. resident Robert Conrad spent thousands of hours on Crown land developing an unusual bond with deer.
Doorbell video shows family of black bears scared off by dog in Sudbury, Ont.
A Sudbury woman said her husband was bringing the recycling out to the curb Wednesday night when he had to make a 'mad dash' inside after seeing a bear.