Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-04 and last amended on 2015-07-23. Previous Versions

Marginal note:Answer to inquiries

 No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if

  • (a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;

  • (b) the person who publishes the defamatory matter believes that it is true;

  • (c) the defamatory matter is relevant to the inquiries; and

  • (d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 277.
Marginal note:Giving information to person interested

 No person shall be deemed to publish a defamatory libel by reason only that he publishes to another person defamatory matter for the purpose of giving information to that person with respect to a subject-matter in which the person to whom the information is given has, or is believed on reasonable grounds by the person who gives it to have, an interest in knowing the truth with respect to that subject-matter if

  • (a) the conduct of the person who gives the information is reasonable in the circumstances;

  • (b) the defamatory matter is relevant to the subject-matter; and

  • (c) the defamatory matter is true, or if it is not true, is made without ill-will toward the person who is defamed and is made in the belief, on reasonable grounds, that it is true.

  • R.S., c. C-34, s. 278.
Marginal note:Publication in good faith for redress of wrong

 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter in good faith for the purpose of seeking remedy or redress for a private or public wrong or grievance from a person who has, or who on reasonable grounds he believes has, the right or is under an obligation to remedy or redress the wrong or grievance, if

  • (a) he believes that the defamatory matter is true;

  • (b) the defamatory matter is relevant to the remedy or redress that is sought; and

  • (c) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 279.
Marginal note:Proving publication by order of legislature
  •  (1) An accused who is alleged to have published a defamatory libel may, at any stage of the proceedings, adduce evidence to prove that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province.

  • Marginal note:Directing verdict

    (2) Where at any stage in proceedings referred to in subsection (1) the court, judge, justice or provincial court judge is satisfied that the matter alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province, he shall direct a verdict of not guilty to be entered and shall discharge the accused.

  • Marginal note:Certificate of order

    (3) For the purposes of this section, a certificate under the hand of the Speaker or clerk of the Senate or House of Commons or the legislature of a province to the effect that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate, House of Commons or the legislature of a province, as the case may be, is conclusive evidence thereof.

  • R.S., 1985, c. C-46, s. 316;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.