If I say, hypothetically, that a particular peace officer – the enfant terrible, let’s say, of a local neighbourhood beat – is a rabble-rousing, trouble-making bully, then said cop might have reason to haul my butt into court.
But he wouldn’t have a ghost-in-the-machine of a chance of persuading his buddies to bust open my door, brandish a warrant, abscond with the tools of my trade, and haul my aforementioned butt off to jail.
Then again, I’m not Charles LeBlanc, the Fredericton-based gadfly and social activist who cooled his heels in a provincial cell (for six hours last week before being released) on suspicion of criminal libel.
Apparently, the blogger had written something nasty about one of the capital city’s finest. And some policemen, though not all, suffer from a painful condition known as paper-thin dermatitis.
Of course, this was not LeBlanc’s first run-in with the law and its political masters. Over the years, he has garnered a well-earned reputation for noisy, intemperate, epithet-laced speech. It’s cost him access to the Legislature, public support and credibility. On January 16, just days before the raid on his apartment, he pleaded guilty, in a separate incident, to disturbing the peace.
But like him or loathe him, LeBlanc is not the issue. Due process is.
Invoking Section 301 of the Criminal Code – which states, “everyone who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years” – is not only heavy handed; it’s absurd.
The standard for a charge of this kind in this country is so high, it’s practically impossible to prove (which is one reason why four provinces have already declared it unconstitutional; that is, its prosecution is more likely to render mischief than justice).
To obtain a guilty judgement under this section, the Crown must show, without a shadow of doubt, that the defendant knew he issued defamatory (meaning: false) statements. And with the stakes as grave as they would be, why would anyone freely admit they were aware they were lying when they mouthed off?
The best a prosecutor can expect, under these circumstances, is a concession of well-rounded ignorance from the indicted party: “I do not know what I said was wrong; nor do I know what I said was not right.”
All of which explains why libel cases are almost exclusively the province of civil court, where the wiggle room is wide, settlements are common and punishments are invariably monetary.
Still, even if criminal libel were the appropriate avenue in this case, the investigation would have to be spotlessly clean, above reproach, devoid of even the appearance of conflict. That’s a somewhat difficult feat to achieve when the allegedly offended party is a member the police force that’s collecting evidence on his behalf. (Sheesh, don’t cops have lawyers?)
“Some people are sick of Charles LeBlanc and they are happy to see something some down on him,” Fredericton City Councillor Jordon Graham posted to his blog earlier this week. “And other people are concerned about the statement of the police force going after somebody who has clearly been on their hit list for quite some time.”
Precisely. It’s not merely the perversion of the law that should concern Fredericton Police Chief Barry MacKnight; it’s the appearance of perversion in New Brunswick’s seat of democratic government.
There’s also the chilling effect on public perceptions of civil liberties. Is LeBlanc the canary in the coal mine? When does “scratching an itch,” as Graham trenchantly muses, become a clear, if unintended, expansion of police powers at the expense of free speech. Should we all now expect a knock at the door from an angry cop, incensed by our portrayal of him in the public square, armed with an arrest warrant?
Likely, cooler heads will eventually prevail and the issue will settle with someone in a position of adult responsibility remembering what dear, old mother used to say.
Something about sticks and stones.
Alec Bruce is a Moncton-based writer on politics, economics and current affairs. Check out his other blog here at Atlantic Business Magazine (ABMOnline): The Uneasy Chair.