Canada
In Canada, for something to constitute fair comment, the comment must be on a matter of public interest (excluding gossip), based on known and provable facts, must be an opinion that any person is capable of holding based on those facts, and with no actual malice underlying it. The cardinal test of whether a statement is fair comment is whether it is recognizable as an opinion rather than a statement of fact, and whether it could be drawn from the known facts. There was formerly a rule stating that the opinion must be honestly held by the publisher (See Chernesky v. Armadale Publications Ltd. 6 W.W.R. 618 (S.C.C.)) but this rule was changed to one requiring that the opinion is capable of being held by anyone. (See WIC Radio Ltd. v. Simpson 2 S.C.R. 420)
Read more about this topic: Fair Comment
Famous quotes containing the word canada:
“What makes the United States government, on the whole, more tolerableI mean for us lucky white menis the fact that there is so much less of government with us.... But in Canada you are reminded of the government every day. It parades itself before you. It is not content to be the servant, but will be the master; and every day it goes out to the Plains of Abraham or to the Champs de Mars and exhibits itself and toots.”
—Henry David Thoreau (18171862)
“I fear that I have not got much to say about Canada, not having seen much; what I got by going to Canada was a cold.”
—Henry David Thoreau (18171862)
“I see Canada as a country torn between a very northern, rather extraordinary, mystical spirit which it fears and its desire to present itself to the world as a Scotch banker.”
—Robertson Davies (b. 1913)