Title : Fort McKay Métis granted interim injunction in online defamation case
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Fort McKay Métis granted interim injunction in online defamation case
The Fort McKay Métis Community Association has been granted an interim injunction against a woman who posted defamatory statements about its president on Facebook.
Corey-Ann Morin manages the Facebook page Métis Voices of Alberta, now called Apeetogusan Scripted Metis 1885.
According to court documents, Morin posted a video in September 2018 of an interview she did with community elder Margina Wood.
The Facebook post and the video accused Fort McKay Métis president Ron Quintal of swindling Wood out of her home, engaging in election fraud and bribery in covering up a sexual abuse allegation.
At the time, Quintal was running for president of the Métis Nation of Alberta. He eventually lost the election and believes the video could have influenced some voters.
"My reputation, my community's reputation has been attacked," Quintal said in an interview Monday. "In the everyday world I'm called a crook and corrupt and that's just not the facts."
Quintal called the judge's decision a relief. Morin's statements hurt the reputation of the Fort McKay Métis, he said.
The goal of the injunction isn't to silence anybody, but "there's limitations to freedom of speech," Quintal said.
The injunction issued Monday restrains Morin from publishing any more defamatory statements about Quintal or the Fort McKay Métis.
In an interview with CBC Monday, Morin said she did not check the truthfulness of Wood's statements.
"I stand by the grassroots of my people. If they tell me something I hold it in great respect and I honour their word," she said.
"I don't just go and try and find a way to discredit these individuals."
Morin never filed a statement of defence because, she said, she had hoped to secure a Métis lawyer who understood Métis law, but did not have the money.
But failing to file a defence meant Morin was admitting to "the facts pled in the defamatory statements," according to a Jan. 2 application from the plaintiff.
On March 18, Justice Douglas Mah ruled that Morin had "recklessly published defamatory statements."
In his decision, Mah said, "As a matter of logic and common sense, the mere belief in the truth of something, no matter how honestly or fervently held, does not make it true.
"Otherwise, wild-eyed conspiracy theorists, climate change deniers and anti-vaccination adherents would all grasp the truth. Nor can repetition of an untrue statement make it true."
Morin applied to the court to have notice of default set aside, but it was dismissed.
Morin said the decision limits her freedom of expression. The case is an attempt "to silence me from bringing out the truth," she said.
She believes the case is a reaction to her repeated requests for financial statements from the Fort McKay Métis Community Association.
Morin said she stands by the video and is planning on appealing the case. She also said she has finally secured a Métis lawyer, but would not offer a name.
Case could set precedent
The case could set a precedent for how false information is shared online, said Bach Avezdjanov, program officer for Columbia University's Global Freedom of Expression.
"The court looked at this page as if it was a [news]paper," Avezdjanov said. "In my knowledge this is the first time.
"It shows that this could be served as a reference."
Avezdjanov said international human rights law tends to hold a higher threshold for offensive, or possibly untrue, statements that people can make about public officials.
"The idea is that if you're a person who reaches that kind of public status, that you should expect a lot more scrutiny and a lot more criticism which may not be true."
Avezdjanov said the case looks at how to apply rules in the offline world in a way that maintains "the ethics and proper modicum of behaviour online without limiting expression."
Seeking damages
Quintal's lawyer, Stephanie Cousineau, said in court on Monday that they will be filing for a permanent injunction and damages.
Cousineau would not discuss details of what damages she's seeking, but according to a court document filed on Jan. 2, they are seeking more than $360,000.
Cousineau said in court it's unlikely they will be able to collect any damages.
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