(OTTAWA, May 19, 2015) — Ontario Civil Liberties Association (OCLA) Advisory Board member Professor Mark Mercer has written to the Attorney General of Ontario, Hon. Madeleine Meilleur, asking that she intervene in the appeal of a defamation case, to defend the constitutional right to freedom of opinion and expression for Ontarians.
A Notice of Constitutional Question was served to the Attorney General, and filed with the Court of Appeal for Ontario, last week, and is posted here: https://ocla.ca/wp-content/uploads/2015/05/2015-05-12-NCQ-C59074.pdf
Professor Mercer’s letter of today to Hon. Madeleine Meilleur is posted here: https://ocla.ca/wp-content/uploads/2015/05/2015-05-19-OCLA-letter-to-AG-ON.pdf
The Notice and letter address three vital constitutional issues needing attention to duly protect freedom of expression: (1) a trial judge cannot bar a jury from considering a pleaded defence for defamation, which was not struck out and for which there is ample supporting evidence on the trial record; (2) permanent injunctions (permanent gag orders) cannot prohibit unknown expression, and cannot discriminate on the basis of financial means of a defendant; and (3) extravagant costs of trial cannot be ordered against a defendant where the plaintiff does not pay costs, as the associated chill on expression is excessive, and the practice is counter to the International Covenant on Civil and Political Rights ratified by Canada.
About the Ontario Civil Liberties Association
OCLA is an organization formed to defend civil liberties at a time when fundamental freedoms are subjected to systemic erosion in all spheres of social life. OCLA opposes institutional policies and decisions that remove from the individual his or her personal liberty or exclude the individual from participation in the democratic functions of society.
Contact:
Mark Mercer, PhD
Chair, Department of Philosophy, Saint Mary’s University
President, Society for Academic Freedom and Scholarship
Member, OCLA Advisory Board
Mark.Mercer@smu.ca
Joseph Hickey, MSc
Executive Director
Ontario Civil Liberties Association (OCLA) https://ocla.ca
joseph.hickey@ocla.ca
