The Ontario Superior Court ruled earlier this year that a defamation lawsuit filed by the mother of Marc and Craig Kielburger against the Canadaland podcast and its host, Jesse Brown, will go to trial. The presiding justice also ordered Canadaland and Brown to pay the legal fees incurred by Theresa Kielburger related to a motion to have the lawsuit dismissed.
The lawsuit relates to a 2021 Canadaland podcast episode that allegedly repeated a libel against Mrs. Kielburger, who was originally the subject of a separate lawsuit against Saturday Night magazine in 1996.
The original article alleged that charitable funds raised by then-teen activist Craig Kielburger were being diverted to Mrs. Kielburger for her gain. The lawsuit against the magazine, which closed in 2005, was settled out of court for over $300,000.
The current lawsuit alleges that Canadland repeated this libel in its 2021 “White Saviors” podcast and failed to conduct due diligence by failing to seek comment from Mrs. Kielburger on the original allegation before going to air.
In response, Brown and Canadaland sought to have Mrs. Kielburger’s lawsuit dismissed through an “anti-SLAPP” motion, a reference to frivolous lawsuits meant to stifle free expression and reasonable debate on matters of public interest – known commonly as Strategic Lawsuits Against Public Participation (SLAPPs).
An anti-SLAPP motion is a means for the defendant in a lawsuit to try and have the suit dismissed early in the process if it is deemed to fall under the definition of SLAPP.
However, Justice Edward Morgan found there is no reason to believe Brown and Canadaland have “any valid defence,” noting the podcast episode omitted key information in a way that undermined its objectivity. He further stated that “there is substantial merit in the claim against Brown and Canadaland.”
Justice Morgan wrote that Brown did not try to get Mrs. Kielburger’s side of the story for the podcast and took issue with Brown’s testimony about this under cross-examination during the hearing, writing “the cynicism of Brown’s explanation (to not seek comment from Mrs. Kielburger) not only accentuates the defamatory sting of his words but could be considered high-handed and oppressive.”
It has been a difficult year for Brown, who has come under attack from his own staff at Canadaland for statements he’s made regarding the ongoing conflict between Israel and Hamas. The staff posted a statement in November 2023 alleging Brown had published “a series of misleading and targeted statements, through both official and personal channels.”
The statement goes on to say, “There is no excuse for an outlet that prides itself on rigorous media criticism to apply those standards selectively” and that “we are frustrated by Jesse Brown’s conduct and its impact on our work.”
With Canadaland and Brown’s motion dismissed, Mrs. Kielburger’s lawsuit is expected to proceed to trial in early 2025.
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