2010 June 9

Shavluk v. Green Party of Canada, 2010 BCSC 804, 2010 BCSC 804, appeal dismissed by the BC Court of Appeal, 2011 BCCA 286

The British Columbia Supreme Court dismissed a libel action based in part on a conference call interview that was posted on the Internet and in part on a press release posted on the Green Party’s concerning the termination of the plaintiff’s candidacy in the federal election in the fall of 2008. The Court held, inter alia, that the occasion of publication was one of qualified privilege. A federal election was imminent and the defendant Green Party had announced the candidacy of the plaintiff with a press release. “The decision to remove the endorsement of the party leader from the candidate was … a matter about which the public at large had an interest.” The defence of qualified privilege was not vitiated by malice. Although the plaintiff was cut off from access to the member’s area of the Green Party website once he was not longer a candidate, that was appropriate to protect the membership list and voter’s list. Further, being cut off from internet forums on the party’s website did not support an inference of malice. The Court also held that the communications were protected by the defence responsible communication on matters of public interest.