Judge says defamation law will eventually tame internet

Court of Queen's Bench Justice Paulette Garnett says defamation laws will eventually tame "the Wild West" of the internet.

Garnett makes the statement in her March 16 decision that dismissed a claim by blogger Charles LeBlanc that the City of Fredericton breached his rights under the Charter of Rights and Freedoms.

Acrimonious history

LeBlanc has an acrimonious history with the Fredericton Police Force that culminated in a charge of criminal libel under Section 301 of the Criminal Code being laid against LeBlanc for posting on his blog at various times that a Fredericton constable was a "fascist cop" and "sexual pervert."

LeBlanc also used a bullhorn outside the Fredericton police station to state the force employs "sexual perverts" and that the constable who issued him a ticket in 2011 for bicycling without a helmet in the city's downtown was a "faggot."

​New Brunswick's Attorney General eventually directed in 2012 that the criminal libel charge against LeBlanc be dropped because several other provinces had found Section 301 of the Criminal Code to be unconstitutional.

In November 2016, LeBlanc was informed by two members of the Edmundston Police Force that he was being investigated for defamatory libel under Section 300 of the Criminal Code following a complaint lodged with the Fredericton force.

Because of its contentious history with LeBlanc, the Fredericton force asked Edmundston police to investigate the complaint.

Child sexual exploitation cited

Meanwhile, LeBlanc initiated the lawsuit against the City of Fredericton and its police force because in the initial criminal libel investigation, Det. Robb Costello made an official request for information about LeBlanc's internet usage by stating he was carrying out a criminal investigation related to child sexual exploitation.

Following a two-day hearing last week, Garnett dismissed LeBlanc's lawsuit, noting that the city filed 17 affidavits in the case and LeBlanc did not file any, so the only evidence before the court was the city's.

"This evidence leads to the conclusion that the actions of the City were done in good faith, that the procedures were in keeping with the policies of the police department, that Mr. LeBlanc was treated in the same way as any other citizen in similar circumstances and that his [Charter] rights were not infringed," Garnett says in her ruling.​

• Charles LeBlanc investigated again for libel against Fredericton police
• Controversial blogger charged with libel
• Fredericton blogger libel charges won't proceed
• Blogger feud continues with Fredericton City Hall
• Fredericton police should have 'farmed out' blogger case: ex-ombudsman

Garnett ordered that LeBlanc pay $2,925 to the city in court costs.

He believes that his right to free speech includes the right to defame others with impunity.- Paulette Garnett, Court of Queen's Bench justice

However, in her decision Garnett comments on defamation in the internet age.

"Although Mr. LeBlanc clings to his rights under the Charter, it does not appear that he has any concern for the rights of others," Garnett writes. "He believes that his right to free speech includes the right to defame others with impunity.

"One commentator has compared the internet to the Wild West and although the common-law action for defamation may take time to tame it, it will eventually do so. Those who carelessly or viciously attack their neighbours should beware of the Lone Ranger."

• LeBlanc v. City of Fredericton, 2017 (CanLII)