Rethinking the standard of liability in defamation: Of history, accidents, and the Charter

This thesis entails a review of the present prima facie standard of liability under the tort action of defamation in Canadian law and surrounding issues that have a bearing upon this subject. After exploring theoretical and general arguments that support strict liability for injury to reputation, specific doctrine is analysed to determine whether it is consistent with such theoretical underpinnings and to illustrate the practical effect of certain rules within the prima facie standard and the defences to the action. The historical common law origins of the action of libel and slander are then reviewed. The author argues that uniform strict liability in defamatory law, contrary to conventional assumptions, is a relatively recent development and one that has not been analysed in detail by Canadian courts who have tended to adopt English precedent. The specific policy basis and doctrinal development towards a more liberal standard in American law is examined. An argument is made for minimizing the impact of the strict standard of liability through restricting the scope of the action to imputations of defamatory fact. The applicability of the Charter of Rights is then reviewed and suggestions made for reform of the law. (Abstract shortened by UMI.)...