When there is a trial by judge and jury, what is the role of the judge in determining defamatory words?
British Columbia, Canada
The following excerpt is from Taseko Mines Limited v. Western Canada Wilderness Committee, 2017 BCCA 431 (CanLII):
When there is a trial by judge and jury, the judge has a gatekeeping function, in that he or she must first determine if the impugned words are “capable of being defamatory”, which is a question of law. If so, then the case is submitted to the jury to determine if the words are defamatory, which is a question of fact. This two-step analysis is not necessary if there is a judge alone trial: Mainstream Canada v. Staniford, 2013 BCCA 341 at para. 15.
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