Hill v Church of Scientology of Toronto | |
---|---|
![]() | |
Hearing: February 20, 1995 Judgment: July 20, 1995 | |
Full case name | Morris Manning and the Church of Scientology of Toronto v. S. Casey Hill |
Citations | [1995] 2 S.C.R. 1130 |
Docket No. | 24216 [1] |
Prior history | judgment for plaintiff (Court of Appeal for Ontario) |
Ruling | Appeal dismissed |
Holding | |
Charter does not protect individuals from tort of defamation. The tort must be in line with Charter values. | |
Court membership | |
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major | |
Reasons given | |
Majority | Cory J. (paras. 1-204), joined by La Forest, Gonthier, McLachlin, Iacobucci and Major JJ. |
Concurrence | L'Heureux-Dubé J. (paras. 205-210) |
Lamer C.J. and Sopinka J. took no part in the consideration or decision of the case. |
Hill v Church of Scientology of Toronto February 20, 1995- July 20, 1995. 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms.
After consideration, the Supreme Court of Canada determined that it would not follow the actual malice standard set forth in the famous United States Supreme Court case of New York Times Co. v. Sullivan, 376 U.S. 254 (1964).