A bewildering number of lawsuits

June 16 - My question about the libel suit against David Frum has been answered - in spades. Many thanks to Candace for finding this discussion thread on the Frum column and for digging up an older item on Adscam-related lawsuits.

I'll state this up front: I believe it is up to bloggers to stand by and defend these commentators. It pisses me off beyond reason that their colleagues are not doing so, but things are what they are in Canada these days and it won't be the first time bloggers were trailblazers.

Frum wrote he has been served with papers accusing him of libel.

There are confirmed reports that National Post columnist Andrew Coyne and reporter Laurent Soumis of the Journal de Montreal have also been served and, although I have yet to find confirmation, CTV's Mike Duffy and Warren Kinsella may also have been served. (Note that I have no way of ascertaining if these four as the ones to which Frum was referring and there are in fact good reason to doubt this is the case.)

Of necessity this is a fairly long post so click on the extended entry for more, but I'm putting Kate's opening on this side of the post because she tears a deservedly giant strip off the feckless Canadian media:

In any sane democratic country, a slap suit against an opinion columnist by a government operative would provoke outrage and non-stop editorials in the mainstream press. The item would be leading the newscasts, with punditry convening soberly on our TV screens. Reporter scrums would pepper government leaders to explain their actions in curtailling that most hallowed (in their eyes) of all freedoms - freedom of the press.

But of course, this is Canada - a nation of "natural governing" one-party rule in which a "living" constitution permits such limits on speech as are consistant with a Liberal Kleptocracy.

So, as the Liberals draft laws that push more and more areas of government operation outside the reach of Freedom of Information requests, weaken protections for whistleblowers, when they brazenly refuse to acknowledge the defeat of their government in non-confidence motions and ignore the Auditor Generals concerns about billions of tax dollars being funneled into unaccountable foundations - the Lloyd Robertsons and Peter Mansbridges busy themselves studiously studying Stephen Harper's facial expressions and providing Canadians "Better News Through Polling" .

They remain virtually silent on the assaults on members of their own profession - silent, because for the most part, the majority of mainstream media in Canada functions as nothing short of a communications arm of the Liberal Party. In other words, they see themselves as nothing less than an unelected arm of government.

I'd ask that Americans readers try (and I know it's hard) to keep in mind that the truth is not relevant in libel suits up here. Also keep in mind that, as I am constitutionally incapable of understanding the libel laws up here because they conflict with my cultural bias toward inherent rights, I have no idea if any of the statements allegedly made by the defendents are libelous under Canadian law.

I don't know if this column is what prompted Tim Murphy to have Andrew Coyne served, but anyone who has read his blog and columns knows that Coyne is damned good at linking to his sources of information and writes well-reasoned columns and posts. I could see why they would want to silence him if we lived in Iran or Zimbabwe, but we don't.

I can't ensure the veracity of this post at the CNEWS forum, but it served as a damned good starting point to pursue the other threads of this story and I was able to confirm at least part of its information.

On the libel suit against David Frum:

Terrie O'Leary vs National Post, CanWest Publications and David Frum: Sent libel notice related to the May 17 edition of the National Post in which Frum wrote, "They might observe that he never manipulated government contracts to direct business in a firm run by his chief of staff's boyfriend." O'Leary claims that the statement is defamatory and calculated to disparage her both as a person and in her former capacity as Executive Asst. to the Minister of Finance of Canada.

I don't know if this is the cause of Frum's notice, but the ironically titled May 17 column Averting Their Eyes from Scandal - Since 1993, Ottawa's Press Corps Has Been Taking a Nice, Long Nap can still be read online. (Links for the the hearings on the Earnscliffe contracts are here and here.)

Mike Duffy of CTV is also rumoured to be sued:

Liberal Party organizer/PMO staffer Karl Littler vs Mike Duffy CTV: Suing for defamation over remarks Duffy made about Littler visiting strip clubs and engaging in improper and unlawful behaviour due to his position as an official of the Liberal Party and Deputy Chief of Staff to PM. Seeking $250 thousand in general damages, $50 thousand in punitive damages.

The remarks were probably made on air so there isn't a link (at least one that I could find.) The best I found was a CTV article in this post from Angry about whistleblower Allan Cutler and staffer Karl Littler (but there's nothing about strip clubs in it.)

And yet another journalist:

BCP Communications, John Parisella, Yves Gougoux vs Sun Media, Canoe and Laurent Soumis: Suing for defamation over May 12 article written by Soumis. The article linked BCP to allegations that Liberal Party election expenses were paid out of the sponsorship program. Seeking $250 thousand in real damages from each defendant, $100 thousand in exemplary damages from each defendant.

I couldn't find a May 12 article in the English Canoe archives, but the Canoe search feature turned up confirmation of the lawsuit against Laurent Soumis in .pdf here and other search results of articles by Sourmis (in French) are here. A quick check in Google turned up this translated item from CBC Radio Canada on testimony about BCP here but it consists mostly of denials.

Frum reported here

Along with at least four other public commentators, I have recently been served with libel papers by a leading figure in this story.

Frum declined to state the name of his accuser so I am going to respect Frum's reticence and not play pin the tail on the donkey.

Blogger Warren Kinsella is supposedly being sued over what he wrote on his blog:

Terrie O'Leary, Earnscliffe Research and Communications vs Warren Kinsella: Libel notices issued to Kinsella and warrenkinsella.com on behalf of Earnscliffe and to Andrew Davis over his reprinting and highlighting of transcript from his appearance before the Public Accts. Committee.

The hearings were published and televised, but for all I know there could be some law forbidding Kinsella to write about it. (If this is true it is worthy of Bizarro World.)

Somewhat unsurprisingly, Kinsella may also be suing on his own behalf:

Warren Kinsella vs Scott Reid: In his blog Kinsella has indicated that he would sue the PMO official for suggesting that he had committed perjury in his appearance before the Public Accts. Committee last month.

Hey, anyone can play! The CPC is suing Immigration Minister John Volpe:

Conservative MP Lee Richardson vs Immigration Minister Joe Volpe: Libel notice filed against Volpe after Volpe associated Mr. Richardson and the Conservative Party with the Ku Klux Klan.

And of course we musn't forget the suits filed by fired patronage appointees Jean Pelletier, Marc LeFrancois, and Alfonso Gagliano who are suing the Canadian government because they deem their reputations were besmirched due to their alleged involvements in Adscam. I don't want to be sued so I'd best not speculate if these lawsuits are Golden Handshakes Librano Style.

Lastly, the Canadian government is suing various people over Adscam (although I don't see Jacques Corriveau on that list.)

Francois Beaudoin won his lawsuit and, more importantly, was vindicated, but what of Miriam Bedard who was crudely attacked by her former boss Pelletier and for which he was supposedly dismissed? (see 2 paragraphs up and remember: Bizarro World.)

Lastly, the Chretien threat to challenge to Judge Gomery is still hanging like a Damocles Sword over the Inquiry and Liberal lawyers are urging Judge Gomery to exonerate both Chretien and Martin.

Posted by: Debbye at 09:26 AM | Comments (5) | Add Comment
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