Campbell v. Jones and
Derrick
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.
See: Campbell v.
Jones and Derrick.
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