The CCLA will appear before the Supreme Court this Tuesday to argue that Quebec law on defamation must adequately protect freedom of speech. On November 17, 1998, radio program host André Arthur made offensive and racist remarks about Montreal’s “Arab and Haitian” taxi drivers. A class action proceeding was initiated on behalf of every person who had a taxi licence in Montreal on November 17, 1998 and whose mother tongue was Arabic or Creole. The Superior Court found that the remarks were defamatory, and awarded compensation of $220,000 to be paid to a non-profit organization. The majority of the Court of Appeal overturned the ruling, and the taxi drivers have appealed the Court of Appeal’s decision to the Supreme Court of Canada.
Although CCLA agrees that Mr. Arthur’s statements were racist, offensive, and likely fell below acceptable journalistic standards, the organization is nonetheless gravely concerned about the freedom of expression implications of this case. Defamation law must strike a balance between protecting individuals’ reputation, and allowing room for public engagement and debate. Comments such as “politicians are corrupt” or “Americans are uneducated about Islam” should not give rise to defamation claims. If such generalized comments about a group of people – without any proof of individualized damages – can leave the speaker liable for hundreds of thousands of dollars, the result would be a drastic curtailment of Canadians’ expressive freedoms.
To read CCLA’s factum click here.
