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.
CHARLOTTETOWN – A federal official has confirmed that a parasite threatening Prince Edward Island’s world-renowned oyster industry has likely spread to a majority of the bays and rivers around the province.
Kathy Brewer-Dalton, a director with the Canadian Food Inspection Agency, told a provincial legislative committee today that testing of the Island’s waterways has yet to be completed.
But she says the extensive spread of the MSX parasite was not a big surprise, based on previous scientific studies.
Still, the agency’s regional veterinarian officer, Danielle Williams, says that when MSX was detected for the first time in July in Badeque Bay, she was hopeful the disease could be contained.
Those hopes were dashed when officials started detecting MSX in other places, most notably a remote waterway far from Badeque Bay, where oysters are already dying from the disease.
The two officials stressed that the full impact of the parasite remains unknown because the disease and the way it spreads are not that well understood.
Williams says the Island’s wild and farmed oysters have yet to experience a “generalized mortality spike,” but that could change in the months and years ahead.
This report by The Canadian Press was first published Oct. 3, 2024.
HALIFAX – Nova Scotia’s premier says he is willing to sit down with the province’s wine industry to discuss more financial aid.
Tim Houston made the comments following a cabinet meeting today, after grape growers last week rejected the government’s offer of an extra $1.6 million in support.
The wineries maintain the government’s offer is unfair because it also includes help for commercial bottlers, who import cheap grape juice to make wine that is less expensive than locally produced wines.
Houston says Nova Scotia’s wine industry is important and has “lots of potential” so he’s open to more discussions because the government wants to help.
Both opposition leaders say the government has to reach a deal that addresses concerns that wineries will be subject to unfair competition if the province also supports commercial bottlers.
Liberal Leader Zach Churchill says there is no economic reason for the province to be supporting commercial wine bottlers.
This report by The Canadian Press was first published Oct. 3, 2024.
TORONTO – Former fashion mogul Peter Nygard has requested bail as he appeals his sexual assault convictions in Toronto and the prison sentence he received last month.
The Ontario Court of Appeal says a motion to grant bail pending the appeal was heard Wednesday but the judge’s decision has yet to be released.
The notice of appeal Nygard’s lawyers filed in court last month argues that the trial judge made several errors, including admitting the testimony of clinical psychologist Lori Haskell on the effects of trauma.
The court filing also argues that Nygard’s 11-year sentence is excessive considering the 83-year-old’s “severe” frailty.
Nygard was convicted of four counts of sexual assault last year after multiple women came forward with allegations dating from the 1980s until the mid-2000s.
Even though he was sentenced to 11 years, the trial judge said Nygard’s time behind bars would work out to a little less than seven years after accounting for time already spent in custody.
This report by The Canadian Press was first published Oct. 3, 2024.
