There is a certain class of blogger who thinks it is their God-given right to say whatever they want about whoever they want and if those harmed and those enforcing the law don't like it, well, they are going to have to...err...put the silly moo with the garbage mouth in their place??? It appears so. Here is a life style hint from the good folks from the Ontario Court of Appeal - don't let these words ever be written about you:
Without addressing all the other criteria of the defence, it is clear to us that the trial judge’s finding of malice is soundly based in the evidence. There is no basis to interfere with it, and the defence fails.
See, while sticks and stones can indeed hurt you, so can words. Malice is one of those things the law acts against. We like a land without people acting upon malice - and that is not restricted to beating folk up or stealing their stuff but also defaming them even when it's on the internet. That is one of those little things that makes for a civil society. The ruling of the appeal court is brief as it basically says the first level court (.pdf of ruling here) simply got it right...but it is important to note this:
As to the defence of fair comment we agree with the trial judge that it is impossible to distinguish what might be opinion and what might be fact. The appellant is unable to show that the statements complained of are opinion.
What does that mean? Basically, don't make up and spread filthy harmful falsehoods, you silly moos. Never fear. This is indeed about that unreal realm, the dream land of those who would have us live in a world that is unlike any ever experienced. One that lacks the "peace, order and good government" that is at the heart of the Canadian constitution. Something as far as I can tell would be like the law of that particular jungle which is the elementary school playground. Thankfully the courts are populated by adults.
