Can a plea of qualified privilege be upheld where the words "qualified privilege" are published to the public generally or to the world at large?

Ontario, Canada


The following excerpt is from Cusson v. Quan, 2007 ONCA 771 (CanLII):

In Jones v. Bennett, 1968 CanLII 126 (SCC), [1969] S.C.R. 277, [1968] S.C.J. No. 99, the plaintiff was a senior public servant who had been removed from office by order-in-council. Related criminal charges against the plaintiff were subsequently dismissed but the defendant, the Premier of British Columbia, stated in a speech that "the position taken by the government [in relation to the plaintiff] is the right position". Cartwright C.J.C. reiterated, at pp. 284-85 S.C.R., his strongly held view that qualified privilege could not survive publication to the world at large: . . . it must be regarded as settled that a plea of qualified privilege based on a ground of the sort relied on in the case at bar cannot be upheld where the words complained of are published to the public generally or, as it is sometimes expressed, "to the world".

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