Marginal note:Libel, plea of justification
611. (1) An accused who is charged with publishing a defamatory libel may plead that the defamatory matter published by him was true, and that it was for the public benefit that the matter should have been published in the manner in which and at the time when it was published.
Marginal note:Where more than one sense alleged
(2) A plea that is made under subsection (1) may justify the defamatory matter in any sense in which it is specified in the count, or in the sense that the defamatory matter bears without being specified, or separate pleas justifying the defamatory matter in each sense may be pleaded separately to each count as if two libels had been charged in separate counts.
Marginal note:Plea in writing
(3) A plea that is made under subsection (1) shall be in writing and shall set out the particular facts by reason of which it is alleged to have been for the public good that the matter should have been published.
(4) The prosecutor may in his reply deny generally the truth of a plea that is made under this section.
- R.S., c. C-34, s. 539.
Marginal note:Plea of justification necessary
612. (1) The truth of the matters charged in an alleged libel shall not be inquired into in the absence of a plea of justification under section 611 unless the accused is charged with publishing the libel knowing it to be false, in which case evidence of the truth may be given to negative the allegation that the accused knew that the libel was false.
Marginal note:Not guilty, in addition
(2) The accused may, in addition to a plea that is made under section 611, plead not guilty and the pleas shall be inquired into together.
Marginal note:Effect of plea on punishment
(3) Where a plea of justification is pleaded and the accused is convicted, the court may, in pronouncing sentence, consider whether the guilt of the accused is aggravated or mitigated by the plea.
- R.S., c. C-34, s. 540.
Marginal note:Plea of not guilty
613. Any ground of defence for which a special plea is not provided by this Act may be relied on under the plea of not guilty.
- R.S., c. C-34, s. 541.
614. to 619. [ Repealed, 1991, c. 43, s. 3]
Marginal note:Appearance by attorney
620. Every organization against which an indictment is filed shall appear and plead by counsel or agent.
- R.S., 1985, c. C-46, s. 620;
- 1997, c. 18, s. 70;
- 2003, c. 21, s. 11.
- Date modified: