INTRODUCTION AND BRIEF DESCRIPTION

This section allows for justification of defamatory matter in any specified or unspecific sense, or separate pleas for each count of libel.

SECTION WORDING

611(2) A plea that is made under subsection (1) may justify the defamatory matter in any sense in which it is specified in the count, or in the sense that the defamatory matter bears without being specified, or separate pleas justifying the defamatory matter in each sense may be pleaded separately to each count as if two libels had been charged in separate counts.

EXPLANATION

Section 611(2) of the Criminal Code of Canada deals with the issue of defamatory matter that is included in a count of libel. Under this provision, a defendant who has been charged with a libel offence may make a plea that justifies the defamatory matter in any or all of the senses in which it was specified in the count. In other words, if the count of libel specifies certain defamatory statements that were allegedly made by the defendant, they may be justified by the defendant if they can demonstrate that the statements were true or that they were made in good faith and without malice. The term 'sense' in this context refers to the meaning or interpretation of the defamatory matter, and a defendant can justify the defamatory matter in any of these senses. Alternatively, the defendant can also plead separate justifications for each defamatory statement that has been specified in the count. This would involve arguing that each of the alleged statements was justified in their own right, and would be treated as if two separate libels had been charged in separate counts. Overall, this provision is intended to ensure that defendants in libel cases have the opportunity to justify any defamatory statements they may have made, either in the sense in which they were specified in the count or in other senses that may also be relevant. It is an important safeguard in the context of free speech and the protection of reputation, and allows for a more balanced and fair legal process in cases of alleged libel.

COMMENTARY

Section 611(2) of the Criminal Code of Canada is a provision that enables a person charged with libel to make a plea of justification, which is a defense that seeks to prove that the allegedly defamatory statement is true. The provision also allows the accused to justify the defamatory matter in any sense in which it is specified in the count, which means that the accused can argue that the defamatory statement is true either in the literal sense or in another sense that is implied or inferred by the statement. Additionally, the accused can plead separate justifications for each count or each defamatory statement charged. The provision is significant because it protects the right of individuals to express their opinions and make statements about others, as long as these statements are based on truth or honest belief. Libel, which is the publication of false or defamatory statements that harm a person's reputation, is a serious offense that can lead to civil liability and criminal punishment. However, it is essential to strike a balance between protecting the right to free expression and preventing harm to reputation, dignity, and privacy. One of the strengths of Section 611(2) is that it allows the accused to present evidence to support their plea of justification and to challenge the truthfulness of the alleged defamatory statements. The burden of proof is on the accused to demonstrate that the defamatory statement is true, but this provision permits the accused to use any evidence that is relevant to the defense, such as documents, witness statements, expert testimony, or other sources of information. This ensures that the truthfulness of the statement is determined based on factual evidence rather than speculation or hearsay. Another advantage of Section 611(2) is that it allows the accused to justify the defamatory matter in any sense, which means that the context and meaning of the statement can be taken into account. For instance, a statement that alleges that a person is a thief could be justified if it is based on a truthful observation that the person took something without permission, but not if it is based on a malicious rumor or innuendo. By allowing the accused to make a plea of justification in any sense, the provision enables a nuanced and contextualized analysis of the defamatory statement, which is essential to ensure a fair and accurate judgment. However, one potential weakness of Section 611(2) is that it may result in multiple justifications being made for each count or each defamatory statement, which could complicate the legal process and cause delays. The provision allows the accused to plead separate justifications for each count, which means that if multiple defamatory statements are charged, the accused can raise a different defense for each one. While this may provide a more comprehensive and detailed defense, it could also lead to multiple legal proceedings, additional costs, and increased complexity. In conclusion, Section 611(2) of the Criminal Code of Canada is a provision that enables the accused to make a plea of justification in cases of libel. While this provision is essential to protect freedom of expression and prevent unjustified harm to reputation, it also requires careful consideration of the factual and legal issues involved. The provision's strength lies in its ability to allow the accused to present evidence, consider the context and meaning of the statement, and challenge the truthfulness of the alleged defamatory statement. However, its potential weaknesses include the possibility of multiple justifications being made and the increased complexity of the legal process.

STRATEGY

Section 611(2) of the Criminal Code of Canada grants individuals the right to defend against charges of libel by proving that the allegedly defamatory matter is true, or by providing any other defence specified in the count. This section provides individuals with an important tool to protect their reputations and defend against claims of defamation. When dealing with this section of the Criminal Code, there are several strategic considerations that individuals must keep in mind. The first and most important consideration is to carefully evaluate the strength of the defence they plan to present. Defending against a claim of libel can be challenging, and individuals must be confident that they can prove the defamatory matter in question is true. Moreover, individuals must be prepared to provide evidence that supports their defence, such as documents, witness statements, or other forms of evidence. Another important strategic consideration is to weigh the potential risks and benefits of taking the case to trial. Going to trial can be a lengthy and costly process that can have significant consequences for individuals. For example, even if they are successful in defending against the libel claim, they may still suffer damage to their reputation, or may face financial losses due to legal fees and other associated costs. As such, individuals must carefully weigh the potential risks and benefits of going to trial, and must ensure that they are fully informed about the potential outcomes of the case before deciding to proceed. One possible strategy that individuals may consider when defending against a claim of libel under Section 611(2) is to engage in dialogue and communication with the plaintiff before the case goes to trial. By engaging in dialogue with the plaintiff, individuals may be able to engage in a settlement process that avoids the need for a trial and allows them to achieve a fair and reasonable outcome. Settlements may involve an apology, a retraction of the defamatory statement, or compensation for damages caused by the statement. Another possible strategy is to carefully craft a defence that is tailored to the specific facts and circumstances of the case. This may involve conducting extensive research and gathering evidence to support the defence, as well as developing clear and persuasive arguments that are likely to convince the judge or jury of the validity of the defence. Additionally, individuals may also consider engaging the services of a skilled lawyer or legal team that has experience in defending against claims of libel and who can provide valuable guidance and support throughout the legal process. In conclusion, Section 611(2) of the Criminal Code of Canada provides individuals with an important tool for defending against claims of libel. To be successful in using this section, individuals must carefully evaluate the strength of their defence, weigh the potential risks and benefits of taking the case to trial, and develop effective strategies to support their defence. Ultimately, the key to success lies in being fully informed, prepared, and capable of presenting a persuasive case that is likely to achieve a fair and reasonable outcome.