Scribd Logo
Upload

Welcome to Scribd!

  • Letter To Fredericton Police Chief Barry MacKnight

    Uploaded by

    mchardie
    10K views2 pages
    Fredericton blogger arrested on criminal libel charge for comments he posted on his blog about a city police officer. CCLA is not-for-profit public interest advocacy organization that has existedsince 1964 to promote and defend the fundamental freedoms of all Canadians.

    Original Description:

    Original Title

    Letter to Fredericton Police Chief Barry MacKnight

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Fredericton blogger arrested on criminal libel charge for comments he posted on his blog about a city police officer. CCLA is not-for-profit public interest advocacy organization that has existedsince 1964 to promote and defend the fundamental freedoms of all Canadians.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    10K views2 pages

    Letter To Fredericton Police Chief Barry MacKnight

    Uploaded by

    mchardie
    Fredericton blogger arrested on criminal libel charge for comments he posted on his blog about a city police officer. CCLA is not-for-profit public interest advocacy organization that has existedsince 1964 to promote and defend the fundamental freedoms of all Canadians.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    CANADIAN L CIVIL IBERTIES ASSOCIATION

    West,Suite506 360 BloorStreet Toronto, M5S1X1 ON (41 Telephone 6) 363-0321 FAX(416) 861-1291 E-mail: mail@ccla.org
    D(ECIJTTI'E COMMTTTEE coMrrE EJGCUTIF
    P6t Presidents Prsidents prcdents JOHN NELLIGAN, Q.C. HARW W ARTHURS WAITER PITMAN MARSM|NEN Ilesident Pr6sident RICIiARD W POUND, Q.C. Vice-piesidents Vice-prsident(e)s FREDERICBACHAND JAMIE CAMERON MARIYS EDWARDH KATHERINE GOVIER EDWARDL. GREENSPAN, Q.C. PATRICIA JACKSON MAHMUD JAMAL JOHN D. MCC,A,MUS DELIA OPEKOKEW ,THts HON, HOWARD PAWLtsY KENNETH P SIVAN DR. JOSEPHWONG Secretary secrtaire

    ooo ooo ooo

    ASSOCIATION C A N A D I E N ND E S E L I B R T EC I V I L E S E S
    Bureau 506 360 rueBloor ouest, Toronto, MsS1X1 ON (41 T6l6phone 6) 363-0321 -1 (41 T5l6copieur 6) 861 291 : Courriel mail@ccla.org Barry MacKnight Chief, FrederictonPolice Force 3l I QueenStreet NB Fredericton, E3B1B1 Fax: (506) 460-2316

    February1,2072 SENT VIA FAX AND MAIL Dear Chief MacKnight, I write on behalf of the CanadianCivil Liberties Association (CCLA) to seek more information on the arrest of Frederictonblogger Charles LeBlanc and to express CCLA's concerns about this case. We understandthat Mr. LeBlanc, apparently a vocal critic of the police force, was arrestedon a criminal libel chargefor commentshe postedon his blog about a city police officer.' The CCLA is a not-for-profit public interest advocacy organization that has existed since 1964 to promote and defend the fundamental freedoms of all Canadians,including freedom of expression as guaranteedby s. 2(b) of the Canadian Charter of Rightsand Freedoms. CCLA's work also focuseson the protections the Charter provides for those accusedof criminal offences and on police independence accountabilityissues. and We understandthat the Fredericton Police Force executeda searchwarrant at Mr. LeBlanc's home and that his computerequipmentwas seizedin connectionwith the libel chargereferencedabove. This situationraisesa number of concernsand questions and we would be gratefulif you could clarify the following: 1. Have criminal chargesbeen laid againstMr. LeBlanc for defamatorylibel and of were theselaid on the recommendation the Crown? 2. Is the officer who is the subject of the allegedly defamatory statements involved in the investigation of this matter? Was that officer presentduring the execution of the search warrant and/or involved in the process that led to a searchwarrant being issued? 3. What type of independentoversight is available when police officers are involved as complainantsin a criminal matter?

    Tredurr Trsoriere E]AINE SIITER General Counsel Avocate gn6rale NATHALIE DES ROSIERS BOAXD OF DINECTORS CONSEIL D'ADMINISTRATION FRANK ADDARIO JASMINE'II MBMI THE HON. VA,RRENALLMAND, Q.C. THE HON. RONATDAlKfl. Q.C. LOUISE AUCOIN ]SABEL BASSETT JOSEPH BOYDEN THE HON, EDWARDBROADBENT LEAH CASSELMAN ALOKE CHATTERJEE DoMINIQUE CLEMENT JANE COBDEN DR. DEBBY COPES DAI{D CRONENBERG BRhN A. F'.EDY VICK GAAERTAU THE HO\. CONSTANCE GLUBE.Q.C. R. LOUIS GMENSPAN HUSSEIN HAMDANI JULh IIANTGSBERG SHIRIEY HEAFEY JAMEEL JAFFER MRISH JAIN JANET KEEPING KINGSI.EY JEAN-PIERRE JOY KOGAVA ANNE La FOREST ESTELLEINMOURETIX DR, CYRIL LEVITT ANDREW LOKAN DEEPAMEHTA CINDY MURDOCH JON OLNtsR PENELOPE RO\TE PAUL SC}IABAS MARVIN SCHIFF MARK STEVENSON MAxrE-i\,T SYL\ESTRE VALTER THOMPSON THE VERY REV LOIS I({LSON FRANK WOK, Q.C. General Counsel Eheritus Avocat g6ntal emrite A. AI-AN BOROVOY

    Ottawa Office 160 ElginStreet, Suite2600, Ottawa,ON K1P 1C3 T e l .( 6 1 3 ) 3 0 - 2 6 1 3 a x( 6 1 3 ) 6 3 - 9 8 6 9 2 F 5

    Bureaud'Ottawa 1 6 0 r u e E l g i n B u r e a u 6 0 0 ,O t t a w a O N K 1P 1 C 3 , 2 , T6l. (613)230-2613 T6l6c.(613)563-9869

    oo@oc

    for 4. What are the FrederictonPolice Force's procedures investigatingand laying chargeswith respectto defamatory libel under the Criminal Code? We also request that you provide us with information on the number of charges that the FrederictonPolice Force has laid under eachof ss. 300 and 301 of the Criminal Code in the last five years,along with information regardingthe dispositionof thosecharges. We understand from media reportsthat Mr. LeBlanc's chargesf-allunder s. 301 of the Criminal Code which, as you may know, has been found to be unconstitutional by at least three courts in other jurisdictions." In our view, s. 301 cannot withstand constitutional scrutiny and it is problematic that chargesunder this section continue to be laid. This offence places severe restrictions the fundamentalfreedomof expression all Canadians on of and can have the resultof chilling expression importantissuesof public interest. Section301 doesnot appearto require on an intention to defame and could allow for a conviction for statementsthat, though defamatory, are true or that are false but were made in good faith. This violation of s. 2(b) of the Charter simply cannotbejustified as a reasonable limit under s. I . Furthermore, context of this particularcharge,involving a police officer as the subjectof the the allegeddefamation,is quite concerning. Even if this matter doesn't proceedor Mr. LeBlanc is ultimately acquitted,the use of police resources this kind of investigationmay place a chill on in expression and discouragemembersof the community from speakingout on public issuesthat matterto them or criticizing the police even when such criticisms are valid and may ultimately benefit the public. In light of the specificsof this case,the FrederictonPolice Force should be making every effort to act with transparency addressany apprehension bias head-on.The to of useof arrestpowersby a police force againsta critic on chargesinvolving his expression risky is territory for a democracy and requires that the Force act with the utmost opennessto ensure Iegitimacy,regardless the merits of the case. of We would be pleasedto discussthis issuewith you in further detail and await your prompt reply to our questions above.

    Sincerely,

    ,-fr &* /ta-*U


    NathalieDes Rosiers GeneralCounsel SheetalRawal Articlins Fellow

    c.c.
    I

    The HonourableMarie-ClaudeBlais, Q.C., Attomey General(via email) .cbc. calnewslca nada/new-bru nswicUstorv/20 1

    " R. v. Giil(1996)29 O.R. (3d) 250 (Ont.C.J.- Gen. Div.);R. v. Prior(2008),292 D.L.R.(4n) 412(Nfld.&

    (1995), Sask.R. (Sask Labrador - TrialDiv.); R. v. Lucas S.C. and 129 53 case Q.B.).Thelatter ultimately to theSupreme went Court Canada of whichupheld constitutionality 300of the the of s. CriminalCode, however Queen's the Bench decision helds. 301unconstitutional notappealed that was

    You might also like