Osgoode Hall Law Journal

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Even as technology transforms the world of communication—as it has over the course of history—defamation law remains strangely impervious to change. True enough, the law has evolved over time, indeed centuries, but seems as beholden as ever to an archaic muddle of backwater rules and concepts. It is disappointing, for instance, that the law arguably worsened after the Supreme Court of Canada considered the status of defamation under s.2(b) of the Charter of Rights and Freedoms, which guarantees expressive freedom. Doctrinal corrections were slow and even then served in the main to bring Canada abreast of jurisprudential developments in Commonwealth countries without constitutional rights.

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