Wednesday, August 8, 2012

AND I WON'T BACK DOWN


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“You can admire Cabana's gumption to a degree,
but once that is done you have to ask just what
he’s really up to?’

Tim Powers

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Representing himself, a Blogger residing in Newfoundland is counter suing the man he once attempted to replace as leader of the Progressive Conservative Party of Newfoundland and Labrador.


Brad Cabana says Danny Williams and Alderon have defamed him by alleging that he made false and defamatory allegations on his blog and on VOCM Radio. Cabana’s defense is simple. He claims that what he said, and wrote, is true.

He filed his statement of defense in the defamation case against him yesterday and upped the ante. According to the CBC  he has record of standing by his guns and making headlines.

An internet defamation ruling from Ontario’s Superior Court last fall indicates that the courts may be providing more leeway for comments on Political Blogs and message boards.

The limits of freedom of expression on matters of public interest are already the subject of extensive Canadian jurisprudence, which continues to address the issue on a case by case basis.. Perhaps this current legal spat/circus over Cabana's commentary/opinions might  clarify the ground rules for defamation in the context of Internet debates.

Agents of change, voices of reason and passion need to be protected against frivolous law suits designed to curb public engagement and accountability. As voter engagement declines at the ballot box, we need more voices to encourage more debate, discussion to effect meaningful change. Significant punitive financial measures should be taken to ensure that the rich and powerful are not launching frivolous lawsuits to dissuade public opinion and commentary.

What do you think?. Where does vigorous debate end and libel begin? Another SLAPP or a demand for accountability?

This is going to be interesting to watch unfold!




8 comments:

@mcmanustheautho said...

All bluff and hot air by both sides. It will languish in the system for a few years and then be dropped, just like Hickey and Grimes.

Too bad Birdbrain Cabana spent his own money on this foolishness whereas to dollars don't mean anything to Williams or Alderon.

Anonymous said...

Civil courts are the playground of the rich and powerful when they want to use those courts to intimidate or otherwise shut up those who do not agree with them. I don't admire Cabana's politics but I admire his fighting spirit. Hope he is not surprized when the starts interrogataris, applications and discoveries and goes through the judge shopping the other side will undoubtably undertake. Good luck Cabana.

Wm. Murphy said...

"Burning Ring of Fire" is a more apt Johnny Cash song on this issue. The song reminds me of what happens to arseholes when they are in places where they shouldn't be!

Anonymous said...

My question to Brad Cabana is why is he so interested in the affairs of this Province? Seems he appears to have thought that when Mr Williams quit there was no one amongst us cable of filling his shoes but he was the one to do it. He should go back to his job as Mayor of that small village in Saskatchewan with the population of less than a hundred. We are quite capable on this island to handle our own affairs including Muskrat without him.

Anonymous said...

One thing comes to mind, infamous!

Peter L. Whittle said...

Guys,

I admire his gumption and certainly he has the right to participate in the public affairs of the province and the country. The fact that he is a CFA should not be a factor in people's criticism. He contributes to the province, pays his taxes and his public utterances make people think.

My mother is from Ontario. I remember in the 1970's how Bass Jamieson told her to go back to the mainland somewhere when she was advocating with Cabot Martin organizing the Inshore Fishermens Association. Fishermen needed a voice. People responded. That sort of myopic attitude that only blue blooded born on the rock types have valid opinions is sad. Our history is littered with people who adopted this great place as their homes, and made great contributions.

Perhaps we should do a list and put it all in perspective.

Unfavorable perceptions by some aside, he has made our political affairs more colorful. We need more people like him.

Anonymous said...

"He contributes to the province, pays his taxes"

Mr Cabana moved back to Sask some time ago.

Anonymous said...

Someone else who's originally from the mainland: Peter Whittle.