What are the consequences of defamatory statements against the government?

Ontario, Canada


The following excerpt is from Niagara Peninsula Conservation Authority v. Smith, 2017 ONSC 6973 (CanLII):

This decision should not be seen in any way as an encouragement to those who might engage in the making of irresponsible defamatory statements against government. If their statements are false, and particularly if made with a malicious intent, that will be brought to light through the various avenues of the political process, and those statements will be discredited. Individual members of the government who are defamed have the right to sue in order to protect their personal reputations. As pointed out by Cory J. in the Hill v. Church of Scientology case … at para. 106: Certainly, defamatory statements are very tenuously related to the core values which underlie section 2(b). They are inimical to the search for truth. False and injurious statements cannot enhance self-development. Nor can it ever be said that they lead to healthy participation in the affairs of the community. Indeed, they are detrimental to the advancement of these values and harmful to the interests of a free and democratic society.

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