How a criminal libel case against a controversial Fredericton blogger and social activist plays out could have an impact on citizen journalism throughout Canada, a St. Thomas University professor says.
On Jan. 19, a Westmorland Street home was raided and computer equipment seized in relation to a criminal libel case, Sgt. Tim Durling of the Fredericton Police Force said. An adult male was arrested and later released with a promise to appear in court on April 20, where he could face criminal libel charges.
Police wouldn’t tie the raid to blogger Charles LeBlanc as he hasn’t been formally charged. But LeBlanc has talked about the raid on his blog and has said the investigation relates to comments he made about Fredericton police.
Michael Camp, a STU professor who teaches law as it relates to journalism, said LeBlanc represents a new breed of journalists who aren’t familiar with the law and believe the right to free speech in Canada is absolute.
Putting LeBlanc in handcuffs has reminded these people of the limitations of free speech in law and could send out “libel chill,” Camp said.
“It would be unfortunate if the end result of this is that journalists would not be as aggressive as they should be in defending the public interest.”
Most libel cases are handled in civil court and criminal libel is rare in Canada. The charge is used when the libel is so severe it not only harms someone’s reputation but also casts doubt on the justice system.
Durling has investigated criminal libel cases in the past during his 25-year tenure with the force, but couldn’t say how many criminal libel charges have been laid in Fredericton in recent years. He said a researcher with the force is looking into finding an exact number.
“It is rare. It does not happen often,” Durling said.
Should LeBlanc go to trial on the matter, it would give the court an opportunity to clarify how much freedom of speech is reasonable in Canada.
“Every time the court rules on that, we get an idea of what those reasonable limits are on those rights,” Camp said. “The case has the potential to go from a lower court maybe even all the way up.”
If he’s found guilty, it could bring some law and order to the “wild west” of internet blogging, Camp added, but a not guilty verdict could suggest there’s an appetite in Canada for more vigorous and wide-open debate on issues.
LeBlanc’s case hasn’t just sparked the interest of journalists.
The Canadian Civil Liberties Association is concerned about the charge and has written a letter to Fredericton police chief Barry MacKnight.
In it, the association asks MacKnight what kind of independent oversight is available when police “are involved as complainants in a criminal matter.”
“Even if this matter doesn’ t proceed or Mr . LeBlanc is ultimately acquitted, the use of police resources in this kind of investigation may place a chill on expression and discourage members of the community f rom speaking out on public issues that matter to them or criticizing the police even when such criticisms are valid and may ultimately benefit the public,” the letter says.
Police aren’t commenting on the letter.
Fredericton city councillor Jordan Graham sees the case as the police going too far.
LeBlanc and the police have a history, Graham said, and he would like an outside force to take over the investigation.
The blogger was handed a ticket last June for riding his bicycle on the sidewalk. He protested his treatment by police outside the Fredericton Police Force’s downtown headquarters and was charged with causing a disturbance in September.
“There’s an obvious conflict of interest. It should be handed off to some other non-affiliated force that can investigate this without a biased opinion,” Graham said.
In general, Durling said police officers are free to press charges just like any other citizen, but the charges would need to be dealt with in Fredericton, making it difficult for another force to carry out the investigation.
“We would take steps to make sure the officer that’s [pressing charges] wouldn’t be involved in the investigation.”
Since speaking out publicly about LeBlanc’s case, Graham has been surprised by the amount of support he’s received from his constituents and from outside Fredericton.
He said council doesn’t have any jurisdiction over what police do. Instead, the best thing people can do is keep talking about the LeBlanc case if they disagree with the action police have taken so far , Graham said.
“Keep pressure on the police to take into account these perspectives.
“When you have an organization that has a monopoly on force, like the police, it’s very important that the public trust them and the public views that their operations are in their best interest.”
Journalists or bloggers aren’t above the law and must always respect the facts, Camp said.
But he likes the idea of hearing from everyone in society and thinks the justice system can withstand the commentary of someone like LeBlanc.
“He’s an unemployed man with a few issues who wants to have his say. I say, as much as possible, give it to him. Why not?”
