2005 January 14

Wiebe v. Bouchard, 2005 BCSC 47

Alleged Cyber Libel: Website posting
Non-Internet Defamation Also Alleged: Yes – printed matter
Canadian court has jurisdiction? Yes
Canadian court should decline jurisdiction? No

The British Columbia Supreme Court held that it has jurisdiction to hear a defamation claim arising from the publication of a Quebec academic’s report placed on a website by the Government of Canada and the Minister Responsible for the Status of Women Canada.

The Court noted that the defendant Québec academic had deposed that the topics in her report (which had been translated from French into English by the defendant Government of Canada) were of national and perhaps international importance and had been placed on the Government website for the benefit of all Canadians.

The Court also held that British Columbia is the appropriate forum for this cyber libel lawsuit.

See McConchie and Potts, Canadian Libel and Slander Actions, “Jurisdiction simpliciter,” page 147, “Forum Non Conveniens,” pages 152, 153; “Where did the wrong take place,” page 157.