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)
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Famous quotes containing the word canada:
“In Canada an ordinary New England house would be mistaken for the château, and while every village here contains at least several gentlemen or “squires,” there is but one to a seigniory.”
—Henry David Thoreau (1817–1862)
“This universal exhibition in Canada of the tools and sinews of war reminded me of the keeper of a menagerie showing his animals’ claws. It was the English leopard showing his claws.”
—Henry David Thoreau (1817–1862)
“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 (1817–1862)