Ontario Superior Court Justice Strathy ruled that the Conservative candidate was guilty of making defamatory comments about Mr. Wrzesnewskyj by circulating misleading and inaccurate materials.
The Justice ruled that:
“The injunction sought is a serious interference with Freedom of Speech and
particularly in the context of a federal election. That right should only be
limited in only the most extraordinary circumstances.
In my view, the words in question are clearly defamatory. Based on the sworn evidence of the plaintiff, the words cannot be justified.”
As a result, there is a court order for Mr. Kuhn and his campaign to cease and desist. This is no small matter. The Canada Elections Act couldn't be more clear:
91. No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.
486. (3) Every person is guilty of an offence who (c) contravenes section *91* (making false statement re candidate);
500. (5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 481 to 483, subsections 484(3),
485(2), *486(3),* 487(2), 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 496(2) and 497(3), section 498 and subsection 499(2) is liable
(a) on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both; or
(b) on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both.
Does Mr. Kuhn recognize that his smear tactics may lead him to a stay in the big house and not the House of Commons after tomorrow's vote.?
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