Don't Speak Your Mind In British Columbia -- Even At Home
from the travesty-of-justice dept
Just a warning if you live in British Columbia: you might not want to express your opinion out loud, ever. Even if you're at home. Jon R writes in with a somewhat horrifying story of a man in British Columbia who has been found guilty of defamation for a private conversation he was goaded into, at home, which was secretly recorded. Defamation laws (for libel and slander) were designed to stop the public presentment of false information, traditionally through some sort of media property. It certainly was never intended to be used for the random comments made privately at home.In this case, a developer was annoyed that residents in one of the developments where he owned the water and sewage rights were complaining about the way he operated. So, he hired a private detective to pretend to be a potential homebuyer in the neighborhood. The detective knocked on the door of Jack and Judy Aasen and asked about the neighborhood. They, being friendly people, invited him in and had a nice discussion with him, pointing out that they liked the neighborhood very much, and the "only problem" was dealing with the guy who owned the utility, Brad Chapman, who was about to tear up their yard and cut back on their sewage service. The Aasens were upset that they had no choice to switch to another provider and that they had no say in stopping their lawn from being torn up. Jack jokingly referred to Chapman as "a prick" and said he "kind of makes the suggestion that he's got the mayor in his pocket." During this conversation with a guy they thought was just a friendly potential new neighbor, the detective was actually recording the whole thing.
Aasen and three others got charged with defamation for this, and the amazing thing is that the court agreed -- specifically on the comment about the mayor being in his pocket. Even that seems pretty questionable, though, since Aasen never said the mayor was actually in the guy's pocket, only that Chapman himself "kind of makes the suggestion" of that. To then charge the guy with defamation for that statement seems like a huge stretch. But, much more troublesome is this idea that you could go into someone's home, misrepresenting yourself, secretly record the conversation while coaxing the people you're talking to to say something negative about someone else... and get them found guilty of defamation for it.
![Hide This Hide this](https://ii.techdirt.com/s/t/i/topclose.png)
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: british columbia, canada, defamation, opinion
Reader Comments
Subscribe: RSS
View by: Time | Thread
Sewer guy
He really needs to seek professional help, before he hurts someone.
[ link to this | view in chronology ]
Re: Sewer guy
[ link to this | view in chronology ]
Re: Re: Sewer guy
[ link to this | view in chronology ]
Re: Re: Re: Sewer guy
[ link to this | view in chronology ]
Re: Re: Re: Re: Sewer guy
Chapman is "a prick" and has got the mayor in his pocket.
This guy needs to be dumped into his own overflowing sewer pronto!
[ link to this | view in chronology ]
I better keep quiet.
[ link to this | view in chronology ]
Let me help you neighbor.
[ link to this | view in chronology ]
Wow
[ link to this | view in chronology ]
Wait...
[ link to this | view in chronology ]
Re: Wait...
[ link to this | view in chronology ]
Re: Wait...
No damages of course, but it's defamation
[ link to this | view in chronology ]
Re: Re: Wait...
[ link to this | view in chronology ]
Re: Re: Re: Wait...
[ link to this | view in chronology ]
Re: Wait...
[ link to this | view in chronology ]
The Nice Utility Man
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
What a nice place to live
[ link to this | view in chronology ]
No SLAPP
Entrapment is predominantly a criminal thing.
This was a civil matter.
Having read the CBC news article it looks like the B.C. Court of Appeal has some explaining to do. I hope the B.C. Civil Liberties Association helps make this right at the next court level.
Interesting to note that Anti SLAPP legislation was repealed by the Liberal BC gov.
[ link to this | view in chronology ]
Bravo, sir.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
In Mother Russia, KGB own you!!!
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
I will say it loud and proud...
Course, I am an American and I can get away with saying whatever I want about others as long as I pass it off as opinion and not fact. Canada doesn't look so Utopian now does it you damn hippies?
[ link to this | view in chronology ]
Re: I will say it loud and proud...
Saying someone committed a crime is defamatory...even in the US. Calling him a prick is not. THAT is opinion.
[ link to this | view in chronology ]
Re: Re: I will say it loud and proud...
[ link to this | view in chronology ]
Re: I will say it loud and proud...
I suggest you take a bucket of shit with you to leave him as a present....and yes, he is a globally know piece of shit...I should know, I work for the cunt!!!!
[ link to this | view in chronology ]
He wasn't found libel for the "prick" part
It's funny that the case in and of itself acts to prove that Brad Chapman is indeed a prick -- the only thing he was really found guilty of was the mayor comment.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
And More...
[Redirected to whois.netfirms.com]
[Querying whois.netfirms.com]
[whois.netfirms.com]
Registrant:
LB Chapman Construction Ltd.
Browning, Gillian
Box 1316
Vernon, BC V1T6N6
CA
Domain name: lbchapman.com
Administrative Contact:
LB Chapman Construction Ltd. lbchapman@telus.net
Browning, Gillian
Box 1316
Vernon, BC V1T6N6
CA
250-549-2907 Fax:
Technical Contact:
support@netfirms.com
Manager, Domains
5160 Yonge St., 1800
Toronto, ON M2N 6L9
CA
+1.4166612100 Fax: +14166610700
Registrar of Record: Netfirms Inc.
Record expires on 2009-01-24.
Record created on 2008-01-24.
Database last updated on 2008-12-06 20:49:34.
[ link to this | view in chronology ]
Re: E-Mail
If someone acts like a PRICK, does that create a fact that he is a PRICK?
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
I think all Canadians say "Aye" just to piss me off personally, and you can tell them I said that-in America!
[ link to this | view in chronology ]
not only
[ link to this | view in chronology ]
Re: not only
[ link to this | view in chronology ]
Re: not only
[ link to this | view in chronology ]
Thanks Canada... Thanks.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Link
[ link to this | view in chronology ]
Re: Link
[ link to this | view in chronology ]
Is this good for business?
It doesn't strike me as a business model you want associated with your business. Who would want to do business with you in the long run? It certainly eliminates the possibility of new business and limits the possibility of keeping your old business in the long run.
[ link to this | view in chronology ]
But as a bonus in all of this, we all now know this developer sucks. BIG time. Just the idea he'd hire a PI to go after a customer would make me certainly stay the fook away, far away.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
opinion vs fact
private vs public
Some one can not express their opinion in private ? That's BS
[ link to this | view in chronology ]
So many levels of BS in BC
All the explaination of the where ases and where fores, come back to one fact as I see it. There seems to have been a court ruleing on evedence and testimony by Anonamouse Sources. In the more compleat story it was said that there were only testimony in the form of a transcript of the tape conversations. This dose not afford the accused to face and examin the testimony of his accuser.
For me in the end there seems a great miscarrage of justice but I am still not sure of how this case has reached its level of discourse with so little to go on.
[ link to this | view in chronology ]
Re: So many levels of BS in BC
I can not tell if your post is satire.
If it is satire, then its funny.
If not ... well I do not know where to begin.
[ link to this | view in chronology ]
Re: Re: So many levels of BS in BC
[ link to this | view in chronology ]
QED
I think he demonstrated himself to be a prick. QED.
[ link to this | view in chronology ]
Allegedly Ahem Eh Allegedly Ahem Eh
[ link to this | view in chronology ]
2 pricks
I'm glad I don't have to deal with either of them.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
"C" is for...
C is for Canada
C is for Communist
[ link to this | view in chronology ]
Once Again
Why do they not learn?
But then another idiot is born every 7 seconds.
[ link to this | view in chronology ]
B is for bullshit
[ link to this | view in chronology ]
Re: B is for bullshit
[ link to this | view in chronology ]
Re: B is for bullshit
As far as troll rants go, I'll give you a C-.
You need to give your rant a bit more thought.
[ link to this | view in chronology ]
Re: B is for bullshit
And if you're looking for a non-bias news source, good luck. Just keep sticking your head in the sand and disregarding all the bad words as fake. You're going to get real far in your unstable country falling into shambles (lulz)
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Free Speech
[ link to this | view in chronology ]
dont speak your mind
[ link to this | view in chronology ]
Freedom Isn't Free
[ link to this | view in chronology ]
Re: Freedom Isn't Free
[ link to this | view in chronology ]
Re: Re: Freedom Isn't Free
[ link to this | view in chronology ]
I don't understand why B.C. feels the right not to be offended takes precedence over the right to speak your mind. What are they smoking up there?
Well, I guess it's because they're Canucks. Instead of life, liberty, and the pursuit of happiness, they have "peace, order, and good government." Reminds me why I live in the US (though a dash of Canadian socialized medicine would be a good thing around here, instead of paying $1000 a month at the pharmacy.)
[ link to this | view in chronology ]
Zimbabwe
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Free Speech One Each!
[ link to this | view in chronology ]
Actually, he defamed himself
[ link to this | view in chronology ]
is that a mayor in your pocket
[ link to this | view in chronology ]
illegal recording?
[ link to this | view in chronology ]
Tyra Banks
I could write a 1000000 page book on how good tyra banks looks
if you ever read this tyra add me on myspace and have me on your show
dariuswesley61@yahoo.com
dariuswesley20@yahoo.com
and oh ya ofcourse I am going too speak my mind
Tryra Banks is my favorate model
[ link to this | view in chronology ]
Leanard Brad Chapman
I'm here for the money and nothing else.
JV.
Vernon BC
Supervisor
Chapman Contracting a.k.a Braden Contracting.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Karma's a bitch
EM
[ link to this | view in chronology ]