"The defamation section [of the Criminal Code] is rarely used and it's
a section that the courts have held in the past in other jurisdictions
to be one that infringes on ... the Charter, which is the section that
allows for freedom of expression," Scully said.
"I do think it's an important case because here we're talking about
agents of the state being defamed and it's the state now which is
putting its resources to work against the people accused of the
defamation."
Yesterday, Scully appeared in court for Gill, who he said has been in
hospital for several weeks, and for Waugh, who was present.
If found guilty, he added, they could face up to two years in jail.
Yesterday, Crown attorney Harry McDonald told Mr. Justice Lloyd Woods
that he wasn't ready yet to deal with the Civil Liberties Association's
application for intervenor status.
With the agreement of the association the issue was adjourned to Dec.
19.
Whether or not the association gets standing, jury selection will
begin on Feb. 12 for the Feb. 19 trial.
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