WEBVTT

00:00:00.230 --> 00:00:02.370
Yes, a Quebec defamation claim

00:00:02.370 --> 00:00:03.950
may be possible.

00:00:04.290 --> 00:00:05.850
You must prove a civil fault,

00:00:05.850 --> 00:00:07.230
harm to your reputation and a

00:00:07.230 --> 00:00:08.690
link between them.

00:00:08.990 --> 00:00:10.450
A false or upsetting post alone

00:00:10.450 --> 00:00:11.690
does not establish the whole

00:00:11.690 --> 00:00:12.750
claim.

00:00:13.150 --> 00:00:14.470
Save the evidence now, the

00:00:14.470 --> 00:00:15.970
ordinary deadline is one year

00:00:15.970 --> 00:00:16.850
after learning of the

00:00:16.850 --> 00:00:18.070
defamation, and covered

00:00:18.070 --> 00:00:19.370
newspaper cases have shorter

00:00:19.370 --> 00:00:20.490
rules.

00:00:21.574 --> 00:00:22.734
The question is whether the

00:00:22.734 --> 00:00:24.194
publication, read as a whole

00:00:24.194 --> 00:00:25.854
and in context, lowers your

00:00:25.854 --> 00:00:27.054
reputation in the eyes of an

00:00:27.054 --> 00:00:28.554
ordinary person.

00:00:28.914 --> 00:00:30.534
Your humiliation or anger alone

00:00:30.534 --> 00:00:31.974
is not enough.

00:00:32.334 --> 00:00:33.494
Keep evidence that other people

00:00:33.494 --> 00:00:34.754
received the statement and of

00:00:34.754 --> 00:00:36.154
its consequences.

00:00:36.734 --> 00:00:38.054
Harm can sometimes be inferred

00:00:38.054 --> 00:00:39.574
from the proved facts, it is

00:00:39.574 --> 00:00:41.114
not automatically presumed from

00:00:41.114 --> 00:00:42.114
fault.

00:00:43.182 --> 00:00:44.382
No.

00:00:44.942 --> 00:00:45.742
Fault is assessed against

00:00:45.742 --> 00:00:47.002
reasonable conduct in the

00:00:47.002 --> 00:00:48.302
circumstances.

00:00:48.862 --> 00:00:50.002
Deliberately spreading a false

00:00:50.002 --> 00:00:51.842
accusation can be wrongful, and

00:00:51.842 --> 00:00:54.022
negligence can also be enough.

00:00:54.442 --> 00:00:55.762
Truth matters, but even true

00:00:55.762 --> 00:00:57.222
information can be communicated

00:00:57.222 --> 00:00:58.502
wrongfully.

00:00:58.982 --> 00:01:00.242
Courts consider context,

00:01:00.242 --> 00:01:01.762
diligence, purpose and freedom

00:01:01.762 --> 00:01:03.142
of expression.

00:01:03.542 --> 00:01:04.922
Quebec does not simply apply

00:01:04.922 --> 00:01:06.362
another province's checklist of

00:01:06.362 --> 00:01:07.422
defenses.

00:01:08.606 --> 00:01:10.106
Imagine a review saying the

00:01:10.106 --> 00:01:11.426
service disappointed me,

00:01:11.426 --> 00:01:12.546
compared with an accusation

00:01:12.546 --> 00:01:14.826
that the owner steals deposits.

00:01:15.246 --> 00:01:16.346
The second makes a factual

00:01:16.346 --> 00:01:17.686
allegation.

00:01:18.166 --> 00:01:19.706
Adding, in my opinion, does not

00:01:19.706 --> 00:01:21.026
settle whether the conduct was

00:01:21.026 --> 00:01:22.246
reasonable.

00:01:22.586 --> 00:01:24.106
Equally, criticism is not

00:01:24.106 --> 00:01:25.546
automatically unlawful because

00:01:25.546 --> 00:01:26.786
it is harsh.

00:01:27.166 --> 00:01:28.466
The facts and the full context

00:01:28.466 --> 00:01:29.586
matter.

00:01:30.622 --> 00:01:32.082
The ordinary Quebec defamation

00:01:32.082 --> 00:01:33.702
period is one year from the day

00:01:33.702 --> 00:01:35.482
you learn of the defamation.

00:01:35.902 --> 00:01:36.982
Do not assume a platform

00:01:36.982 --> 00:01:38.662
complaint, demand letter, or

00:01:38.662 --> 00:01:40.702
negotiation pauses it.

00:01:40.882 --> 00:01:42.202
Ask a lawyer to calculate the

00:01:42.202 --> 00:01:43.402
deadline and the filing and

00:01:43.402 --> 00:01:45.082
service steps, particularly for

00:01:45.082 --> 00:01:47.442
old posts or republication.

00:01:47.702 --> 00:01:48.802
Legal exceptions need

00:01:48.802 --> 00:01:50.562
individual assessment.

00:01:51.678 --> 00:01:52.838
For a covered newspaper

00:01:52.838 --> 00:01:54.498
article, the Press Act requires

00:01:54.498 --> 00:01:55.998
action within three months of

00:01:55.998 --> 00:01:57.598
publication or within three

00:01:57.598 --> 00:01:58.938
months of learning about it,

00:01:58.938 --> 00:02:00.258
with that later route capped at

00:02:00.258 --> 00:02:02.018
one year from publication.

00:02:02.278 --> 00:02:03.838
It also requires three days

00:02:03.838 --> 00:02:04.898
advance notice to the

00:02:04.898 --> 00:02:07.258
proprietor, excluding holidays.

00:02:07.778 --> 00:02:08.998
Coverage, delivery, and

00:02:08.998 --> 00:02:10.518
exceptions matter.

00:02:10.838 --> 00:02:12.078
Do not wait for a retraction

00:02:12.078 --> 00:02:14.038
before checking the rules.

00:02:15.110 --> 00:02:16.330
No.

00:02:16.810 --> 00:02:17.890
Quebec's Court of Appeal held

00:02:17.890 --> 00:02:19.110
that the Press Act did not

00:02:19.110 --> 00:02:20.290
cover the continuous news

00:02:20.290 --> 00:02:22.090
website before it.

00:02:22.250 --> 00:02:23.230
The court left the separate

00:02:23.230 --> 00:02:24.630
question of a digital newspaper

00:02:24.630 --> 00:02:26.310
edition unresolved.

00:02:26.830 --> 00:02:27.950
Different publications and

00:02:27.950 --> 00:02:28.870
defendants can attract

00:02:28.870 --> 00:02:30.370
different rules.

00:02:30.690 --> 00:02:31.750
That claimant still lost

00:02:31.750 --> 00:02:32.990
because the pleaded facts did

00:02:32.990 --> 00:02:34.670
not support liability, clearing

00:02:34.670 --> 00:02:36.090
a deadline is not winning the

00:02:36.090 --> 00:02:37.070
case.

00:02:38.182 --> 00:02:39.802
Quebec's small claims procedure

00:02:39.802 --> 00:02:41.522
excludes defamation, even when

00:02:41.522 --> 00:02:43.342
the amount sought is small.

00:02:43.762 --> 00:02:45.102
Ask which ordinary civil court

00:02:45.102 --> 00:02:46.322
has jurisdiction and whether

00:02:46.322 --> 00:02:47.302
the remedy you want is

00:02:47.302 --> 00:02:48.742
available there.

00:02:48.942 --> 00:02:50.302
A removal request does not

00:02:50.302 --> 00:02:51.722
itself compel a platform to

00:02:51.722 --> 00:02:52.722
act.

00:02:53.022 --> 00:02:54.422
An injunction requires a court

00:02:54.422 --> 00:02:55.762
order and the applicable legal

00:02:55.762 --> 00:02:57.142
requirements.

00:02:58.206 --> 00:02:59.406
Quebec's Code of Civil

00:02:59.406 --> 00:03:00.626
Procedure lets courts act

00:03:00.626 --> 00:03:02.246
against abusive proceedings,

00:03:02.246 --> 00:03:03.506
including misuse that restricts

00:03:03.506 --> 00:03:05.666
expression in public debate.

00:03:06.046 --> 00:03:07.246
Abuse can be found regardless

00:03:07.246 --> 00:03:08.606
of intent.

00:03:08.986 --> 00:03:10.366
If a party summarily shows that

00:03:10.366 --> 00:03:12.026
proceedings may be abusive, the

00:03:12.026 --> 00:03:13.146
party bringing them must show

00:03:13.146 --> 00:03:14.326
that they are not excessive or

00:03:14.326 --> 00:03:15.766
unreasonable and are justified

00:03:15.766 --> 00:03:16.946
in law.

00:03:17.166 --> 00:03:18.966
The legal test still applies,

00:03:18.966 --> 00:03:20.086
whatever label someone gives

00:03:20.086 --> 00:03:21.386
the lawsuit.

00:03:22.454 --> 00:03:23.614
No.

00:03:24.174 --> 00:03:24.774
Depending on what is

00:03:24.774 --> 00:03:26.094
established, the court can

00:03:26.094 --> 00:03:27.594
dismiss abusive proceedings or

00:03:27.594 --> 00:03:28.874
impose protective conditions

00:03:28.874 --> 00:03:30.694
when they appear abusive.

00:03:31.254 --> 00:03:32.254
Financial assistance with the

00:03:32.254 --> 00:03:33.394
case may be ordered if its

00:03:33.394 --> 00:03:35.614
statutory conditions are met.

00:03:35.914 --> 00:03:37.254
A finding of abuse can also

00:03:37.254 --> 00:03:38.794
lead to damages covering legal

00:03:38.794 --> 00:03:40.474
fees, and sometimes punitive

00:03:40.474 --> 00:03:41.754
damages.

00:03:42.214 --> 00:03:43.154
None of these results is

00:03:43.154 --> 00:03:44.314
automatic.

00:03:45.454 --> 00:03:47.174
Preserve the original post,

00:03:47.174 --> 00:03:49.134
dates, links, screenshots, and

00:03:49.134 --> 00:03:50.374
surrounding discussion before

00:03:50.374 --> 00:03:52.114
asking for removal.

00:03:52.454 --> 00:03:53.854
Record your discovery date and

00:03:53.854 --> 00:03:55.314
resulting harm.

00:03:55.594 --> 00:03:57.014
Get prompt Quebec advice about

00:03:57.014 --> 00:03:58.454
notice, deadlines, and

00:03:58.454 --> 00:04:00.074
proportionate remedies.

00:04:00.474 --> 00:04:01.694
A correction or negotiated

00:04:01.694 --> 00:04:02.934
resolution may meet your

00:04:02.934 --> 00:04:04.094
objective.

00:04:04.614 --> 00:04:05.694
Court involves your own fees

00:04:05.694 --> 00:04:07.494
and possible adverse costs, so

00:04:07.494 --> 00:04:08.554
assess that risk before

00:04:08.554 --> 00:04:09.774
escalating.

00:04:10.854 --> 00:04:12.154
For free general legal

00:04:12.154 --> 00:04:14.014
information, Legal Hotline's

00:04:14.014 --> 00:04:15.334
Canada number is on your screen

00:04:15.334 --> 00:04:16.414
now.

00:04:16.774 --> 00:04:18.114
Legal Hotline is not a law

00:04:18.114 --> 00:04:19.214
firm.

00:04:19.514 --> 00:04:21.894
Its information line uses AI.

00:04:22.434 --> 00:04:23.474
Lawyer matching is a separate

00:04:23.474 --> 00:04:24.734
service, subject to

00:04:24.734 --> 00:04:26.694
availability and acceptance.

00:04:27.114 --> 00:04:28.054
For advice on your own

00:04:28.054 --> 00:04:29.594
situation, speak with a lawyer

00:04:29.594 --> 00:04:31.034
in your province.

00:04:31.394 --> 00:04:33.034
In immediate danger, contact

00:04:33.034 --> 00:04:34.834
emergency services.
