In a companion case also released today,
Quan v. Cusson (2009 SCC 62), the Supreme Court succinctly describes the new defence of "responsible communciation of matters of public interest" and details when it applies at para 28:
Quote:
[28] In Grant, at para. 126, we hold that the defence of responsible communication on matters of public interest applies where:
A) The publication is on a matter of public interest, and
B) The publisher was diligent in trying to verify the allegation, having regard to:
a) the seriousness of the allegation;
b) the public importance of the matter;
c) the urgency of the matter;
d) the status and reliability of the source;
e) whether the plaintiff's side of the story was sought and accurately reported;
f) whether the inclusion of the defamatory statement was justifiable;
g) whether the defamatory statement’s public interest lay in the fact that it was made rather than its truth (“reportage”); and
h) any other relevant circumstances.
[29] The judge decides whether the publication was on a matter of public interest. If so, the jury then decides whether the standard of responsibility has been met.
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