What is the intention of the author and publisher of an offensive expression?
British Columbia, Canada
The following excerpt is from Casses v. Canadian Broadcasting Corporation, 2015 BCSC 2150 (CanLII):
The intention of the author and publisher is not relevant on the issue of meaning. The subjective opinion of a plaintiff concerning the meaning of the expression is also not relevant. See Lawson v. Baines, 2011 BCSC 326, at para. 39, aff’d 2012 BCCA 117. (I will refer to the trial decision as “Lawson v. Baines”.)
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