Campbell v. Jones and Derrick
From Ad IDEM / CMLA
May 29, 2003
The Supreme Court of Canada dismissed the plaintiff's leave application.
Press conferences can now be covered by a qualified privilege, as in this case where lawyers had a responsibility to speak out about injustice. The Nova Scotia Court of Appeal held that the judge must first consider whether there is a reciprocity of duties and interests that creates an occasion of qualified privilege. In doing so, the circumstances must be considered. The judge must then ask whether the statements were germane and reasonably appropriate to the occasion. After that the judge should consider any evidence of malice.