The legal framework
Canadian defamation law presumes a defamatory statement is false, placing the burden on the defendant to prove truth, fair comment or responsible communication on a matter of public interest. Ontario and British Columbia have anti-SLAPP legislation allowing early dismissal. Criminal libel exists but is very rarely used.
Key points
| Burden | Falsity is presumed; the defendant must establish a defence |
|---|---|
| Defences | Justification, fair comment, qualified privilege, responsible communication |
| Anti-SLAPP | Ontario, British Columbia and Quebec provide early dismissal mechanisms |
| Limitation | Short — often three months' notice and two years to sue in some provinces |
| Intimate images | Non-consensual distribution is a criminal offence since 2015; several provinces add civil remedies |
| Criminal harassment | Covers repeated online contact causing fear |
| Online Harms | Legislation on online harms has been proposed and debated |
| Notice requirement | Provincial acts require written notice to a newspaper or broadcaster within a short period |
| Responsible communication | A defence protecting publication on matters of public interest |
| Criminal defamation | Still on the books but very rarely used |
In practice
- Capture evidence first: full screenshots with URL, date and surrounding context, before anything is deleted.
- Report to the platform and keep the reference number and the outcome.
- Then use the legal route — the order matters, because platforms act faster than courts.
- Do not respond in kind: your own posts become evidence too.
- Serve the statutory notice immediately where a media outlet is involved: the deadline is days, not months.
- Expect an anti-SLAPP motion if the subject is a matter of public interest.
Cost and coverage
Civil claims are expensive; criminal reporting is free. Anti-SLAPP motions can recover costs where they succeed.
Recent changes
Provincial intimate image statutes allow fast civil orders for removal, and some provide statutory damages without proving loss.
Where to go
- NeedHelpNow.ca for image removal support.
- Canadian Centre for Child Protection and Cybertip.ca.
- Provincial victim services and local police.
Worth knowing
Notice periods for defamation in some provinces are as short as three months. If you intend to sue, take advice immediately rather than after trying to resolve it informally. The notice period for claims against media outlets is extremely short in most provinces. Missing it ends the claim before it starts.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations