CCLA Special Counsel Ryder Gilliland will appear before a Guelph court on Monday, December 14, to reinforce jurisprudence that establishes that governments cannot sue individuals for defamation. The current case, Whitcombe and Wilson v. Manderson, originates from a $2.4-million defamation suit against Mr. Manderson, a seventy-three years old retiree who operates a website covering local politics which is often critical of local government and government officials. The plaintiffs are a member of the County Council and the County’s Chief Administrative Officer, and the County is funding the law suit. The funding approval was given in an in camera Council meeting, and was not subject to public scrutiny.
CCLA will argue that the tremendous disparity in resources between the state and individuals inevitably means that individuals will be at a severe disadvantage in defamation litigation brought by government. This disparity chills free speech and critical expression. The fact that the plaintiffs are County officials, rather than the County itself, does not
change the chilling effect of such an action.
To read CCLA’s factum click here.
