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 | GOODS DONATED FROM MONTAGUE AND VICINITY : 1 box of fish, value $12.00, Johnston and Magazine rack, French Riviera region. Hun- the Malpasset dam in the dreds were trapped by wall of | value $5.00, jon. 10 doz. eggs, value $4.00, Gor- don Matheson. Vegetables, value $4.50, Hector Matheson. © Occasional chair, value $15.95, | Stewart and Beck. 1 case motor oil, value $12.00, 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. Ladies Auxiliary, Canadian Leg-| Men’s socks, value $2.00, Mrs.’ the easy way . . modest cost. For a refreshing “change of scene” in your hgme, redecorate . with our distinctive new wallpapers. Come see our wide, wonderful array of attractive patterns that will add color and charm to any room, any decor . 3rd Floor Home Furnishings 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 | Moore & McLeod Lid. | ' 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. DBP DIDI DAD BIW @ Diamonds @ Watches @ Luggage BURKE'S Jewellers Across From Dominion Stores RENEE CCN LIEGE L'E 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. Michael Bros., Charlottetown. We wish to thank all the people who assisted in making- our | Palmer Electric Oo., Charlotte- | 1 set steak knives, value $7.95, | RE TECEE S C ELL | Satin Bed Puffs, reversible, colors wine and eggshell, blue and rose, green and gold White Wool Blankets A good assortment of Chinelle Bed Spreads, all shades_in double bed size Bath Towels and Hand Towels, all sizes and colors | Pillow Cases in‘ plain colored-border or embroidery Table Cloths in rayon damask, and lace—All sizes Chinelle Bed Sets—two piece and Prowse Bros. Limited Santa Says.. hédely, Giftable BEDDING Blankets by Ayers, all wool pastd colers, reversible, ‘olors rose and blue, green and gold, aqua and blue, $3 inch satin binding ects $1 7 50 , \ll wool pastel blankets, plain colors, satin bound, rose, blue, .green, gold and cedar ‘$1 2. 95 Price. Price Boxed $ 8.95. Fiannelette Blankets, all sizes Priced from a pair $ 4.95 to $ 7.50 $ 9.95 $13.50 $13.50 $14.95 © $ 5.95, $10.95 $ 1.29_ $ 4.50 $ 1.29..$ 3.95 $ 3.95..$ 8.95 three piece—all — $ 3. 95 _ $ 5. 50 ‘ Price each rainbow striped border scarlet with black stripes spruce green with black stripes Prices ranging from Prices Pair Prices Pair Prices Kent Street Pattersons Jewellers & Gift Specialists Charlottetown Near Queen % PRB RP WHR RRMBP WDD II Ma WADA P's Dede Mo fie ADAP RS tomers. Ae NIAGARA FINANCE CO. LTD. in Charlottetown and Summerside Will remain open through December on Friday nights until 8:00 p.m. and Saturday mornings un- til 12:00 a.m. for the convenience of their cus- e 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 Rerrrrctt tr tate i te eC TT FOR THE MEN ON YOUR LIST ar aa 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 that a woman will not buy . . . but as a gift she will cherish it all her life . . When selecting a cedar chest for her BE SURE ~ IT IS SOLID CEDAR! C &S carry a wide variety of solid cedar chests .-. it will be easy to select a lovely one. pq «Fully guaranteed. Pri De De De DLDe De DDD De De Die PD DDD MDMA DARD DH WD Men’s 6 - 12 THE FINEST _. FOOTWEAR BUY ON P. E. I. We penenty believe these items to be the finest footwear values on P.E.I. . quality items at low, low prices. Canadian made — of HURRICANES Brown all rubber strap overshoes with heavy pile lining and shearling cuff. oes 6 thru to3 ... 3.49 i ¥ : : | ¥ ; She wants a | & LIGHT ZIPPER ¥ Cedar Chest... | rt - z this is one article | The snooty maker won't let us use his name, but these slight imperfects normally sell for 5.50. ' Boys’, 3 to O ess Men's, 6 to 12... 4.98 \ 3.98 YUOa S.LHOIUM S.LI aGQaud LUGGAGE GIFTS Facked with Fashion oud Voluel size 18° Priced size 21” Over-nite cases, Weekend cases, Train cases, size 14’’ A large assortment of cclors to choose from. 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