body of Victim of flood at Fre- jus, today, following collapse of

~ Libel Ruling Contested

| By Toronto

OTTAWA (CP)—The Toronto ’ Globe and Mail Wednesday asked the Supreme Court of Canada to

rule that a newspaper criticizing |

_ the platform and campaign tact- ics of a federal election candidate is not open to damages for libel — the candidate proves mal-

2.

The daily newspaper, contend- ing that a federal election is an occasion of qualified privilege, asked the court to upset an On- tario appeal court judgment last January ordering a new trial for lawyer John Boland’s suit against The Globe and Mail.

The present appeal is expected to end today. Globe counsel C. F. H. Carson, who began his —-argum ent Wednesday, is ex-

_ pected to conclude today and be followed by Mr. Boland, who has through teres years of litigation.

Mr. Boland, an_ independent Progressive Conservative can- didate for Toronto Parkdale in the federal general election of June 10, 1957, alleged that a Globe and Mail editorial during the election campaign libelled him and caused ‘a substantial re- duction in the number of votes cast for Him. He was defeated.

REPUTATION DAMAGE

Launching an action under the Libel and Slander Act of Ontario, Mr. Boland claimed for his lost $200 deposit and for considerable | damages as a result of injury to! his reputation and character.

In Ontario Supreme Court, Mr. Justice W. F. Spence said that during a federal election in Can- ada a newspaper has a public! duty to comment—even critically —on the candidates, their cam- paigns, platforms or policies.

He ruled that an election is an occasion. of qualified privilege, which he explained this way:

“There are occasions upon which, on grounds of public pol- icy and convenience, a person may, without incurring legal li- ability, make statements about another which are defamatory and ‘in fact untrue.

HONESTY IS KEY

“On such occasions a man, stating what he believes to be the truth about another, is protected fn so doing, provides he makes the statement honestly and with- out any indirect or improper mo- tive.

“These occasions are called | oc- easions of qualified privilege, for the protection which the law, on grounds of publie policy, affords is not absolute but depends on the honesty of purpose with which| the defamatory statement is made.”’

Mr.' Justice Spence ruled that The Globe and Mail editorial was

FLOOD VICTIM IS MOVED —

Unidentified rescuers remove |

Jan. 14. A total of 353 applications were dealt with at the last session. Practically all of the applica-

qualified privilege to prove the of the statements com- on such an oc-

qt

the newspaper en if it knew at the time

Masonic Crippled Children's Auction

7 CASH DONATED FROM ‘ MONTAGUE AND VICINITY

water that plowed down Rey- ran River valley, leaving a four.mile-wide path of destruc- tion. (AP Wirephoto)

prejudice. An election won by such tactics would be a degrada- tion to the whole democratic sys- tem of government in Canada. Let us have no more of that sort; of thing, this time or ever.” Mr. Boland wrote to the news-

Paper complaining about the edi. edi- torial, noting that a Globe and Mail reporter was at the meeting and heard Walsh say he had never been a Communist. The |mewspaper published the letter

SOC ARMOR ois ic css cect Howard Vickerson ........ | John A. Macdonald, M.P. 15.00 |

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Johnston and Magazine rack,

French Riviera region. Hun-

the Malpasset dam in the dreds were trapped by wall of |

value $5.00,

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Newspaper

In the first place, he said, to

plead a defence of qualified privi-| and commented .on part of it—} A. A. Fraser. lege, the defendant must — in| but not the part about Walsh. Masonry work, value $20.00, in order to succeed—establish the PUBLISH LIST John Denham.

facts on which that plea is based. On election day, J ‘she . y, June 10, The : The privilege would be worth Globe published what it Seacrthed| Robert Mellish.

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son making a statement on such

little, Judge Lebel said, if a per-| as a list of phone numbers for the

jcommittee rooms of candidates

CASH DONATED FROM |

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' Athletics, Bucs Make Swap

KANSAS CITY (AP) — Kansas

and

Pirates Wednesday in exchange for’ Hal Smith, catcher and third baseman. No money was in- volved in the deal,

The two who will join the Ath- letics are Richard Wallace Hall, 29-year-old pitcher who with Salt Lake last season was voted the "| Pacific Coast League's most val- uable player and pitcher, and Kenneth Lee Hamlin, Battle Creek, Mich., who played with Columbus of the International

League.

Smith had been with Kansas City three and one - half years coming from Baltimore. Last season in 107 games he hit .284.

- vat

‘made without an honest belief in| lieving that Walsh was an ex-

published on such an ~occasion, and that Mr. Boland’s case would! succeed only if he could prove. malice.

When Mr. Boland completed his case, the newspaper called no further evidence. Instead, Mr. Carson made a plea of qualified privilege and moved for non-suit. Judge Spence then took the case from the jury, finding that Mr. Boland had submitted no evi- dence of malice. He dismissed the action.

REVERSE DECISION In Mr. Boland's subsequent and successful appeal to the Ontario

court of appeals, Mr, Justice A.| M. Lebel wrote the reasons for|

the court's decision to order a new trial and he disagreed with) Mr. Justice Spence on several | points.

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an occasion were required to GASPEREAUX prove that he honestly sbelieved! Mr. ‘Roland's ches Wk tt ck Wendell Graham .......: $ 5.00 his statement to be true. In such} ipear on the list. Grant Graham visciauaaab 5.00 . ps a fides” is always—Mr. Justice Lebel said the ae eae a 3 op | RAMHRARCART Wsaoee ‘ ‘ newspaper's failure to include! © TC u eae pa vigguaees 20'% owever, is a case of qualified | wr} Boland’s name on the elec.| Statley Liewellyn ........ Gif ts é privilege, this presumption was \tion-day list, especially when Glen Miller eal aap 2.00 t = ih 9 eyes as it ds ina case | followed criticism of his cam- a pees Heebdente oo! sien absolute privilege. paign, “needed considerable ex-| Harry Pee Rrseheses wri ‘MOST UNJUST’. planation before it could be found GOODS DONATED FROM PA TTERSON hee ‘ Mr. Justice Lebel said it would |* have been unintentional.” GASPEREAUX

‘me “most unjust” if the press—|. In its appeal, The Globe and. or an individual ” — were allowed | Mail says there was no evidence the a protection « of a privilege when| ‘0 show that Mr. Boland had a) ’

2 | committee room. a the news-| |

me Harry Dunn. 1 gal. ESSO rad.

value $3.50,

1 Dacron man’s shirt, value

are opened

First

plaintiff's case owe that the | ¥* e | oer boy's underwear, value privilege may have been ex-|@ list of committee room phdne| $3.00, Danue UcKnnde.

“By this, bh candidates ™ 3| Vegetables, value $3.00, Ray-

steathiee eeetnet be meant! "sr. Justice Lebel also said thet | Mand Riley. - a situation where the publication fellare to comment on Mr. Bo-| Beast _ beef, . B groans thet, ny oe haat Geena land’s letter—where it referred to| Howard Reid.

| Walsh—showed that the newspa- NY

and further that there may be) h OTHER DONATIONS good reason to think that it was Pet had no good ground for be- NOT PREVIOUSLY ‘ ACKNOWLEDGED

1 electric clock, value $7.95,

value %.00,

Communist. On this point, The Globe and; says in its present appeal

that it is not a part of the defence

its truth, and hence maliciously.” He said this was the situation when Mr. Boland closed his case in trial court and The Globe and/| Mail moved for non-suit. He said| jthat in his opinion, there was) ¥ s evidence. of express malice which! ¥ ¥ Kennedy s. should have gone to the jury. \%

town.

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The case concerns a Globe and ¥ « Ladies ° ae ee Sean De Mail editorial that appeared four Wear L. Bonnell, Bob Glover, Lorne. days after Mr. Boland held alw* * ° Wigginton, Gilbert Clements. public meeting at which he pre- The finest selec i sented Pat Walsh, whom he des-'¥ tion of ladies’ cern cribed as a former undercover wear in town. Call agent for the RCMP. Part of Mr.|¥ in today . . . you'll Boland’s advertisement for the|¥ be glad you did!

meeting said, “hear the truth about Communists at Ottawa.”

CRITICIZE MOVE

The Globe and Mall, in an edi- torial entitled ‘‘shabby tactics," commented:

“One of the less creditable epl- sodes\of the election campaign occurred on Thursday evening in Parkdale constituency. Toronto, | when John Boland, self-styled in- dependent Conservative Candi- date, introduced an issue which does not exist in this election. McCarthy - style, he put forward an ex-Communist in an attempt

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to show the Liberals are soft on @ Pipes Communism. The results were * far from edifying. Tobaccos “The reason for this disgusting @ Cigars gr was undoubtedly a mislead the so-called new Cana- dian vote in that riding, in the’ Fred Lambros hope that their anti - Communist! Kent St. Ch’'town

fears might be translated into an' anti-Liberal, anti - Conservative

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