Corey Benjamin Shefman

Karen Bell appealed the dismissal of her defamation action against Garden River First Nation and two councillors.

The action arose from a Censure Motion passed by the Council, which stated Bell had shared "false information" in a Facebook post.

The motion judge found the statement prima facie defamatory but upheld the defence of justification, concluding the information was indeed false.

The Court of Appeal dismissed Bell's motion to adduce fresh evidence, finding it irrelevant, and affirmed the motion judge's interpretation of the Censure Motion.

The Court agreed that the specific quoted information in Bell's Facebook post was false and misleading, thereby upholding the defence of justification.

The appeal was dismissed.

Aroland First Nation and Ginoogaming First Nation sought partial summary judgment for a declaration that the Crown's duty to consult under s. 35 of the Constitution Act, 1982, is triggered by ongoing invasive testing (integrity digs and hydrostatic testing) on established natural gas pipelines traversing their traditional territories.

The defendants opposed, arguing no duty to consult or that the matter was unsuitable for partial summary judgment.

The court dismissed the motion, concluding that the issue could not be fairly and justly decided through partial summary judgment due to the need for a careful, incremental approach to Aboriginal law, disputed facts regarding adverse impact, significant overlap with broader issues of duty scope and breach, and the novelty of the case.