Author wins lawsuit against U of Regina professor who called book 'racist garbage'
Candis McLean self-published book that criticized inquiry into death of Neil Stonechid
The author of a self-published book critical of the Neil Stonechild inquiry has won a defamation lawsuit against a University of Regina professor that called it "racist garbage."
In an interview on Wednesday, Candis McLean said she's very pleased with the decision issued on June 13 by Justice Neil Robertson at the Court of King's Bench.
"It's a slightly delayed reaction because it's been eight years in the coming. I launched the lawsuit in 2017," McLean said from her home in Calgary.
"I feel this sends a message to activists who feel they can get away with anything."
Read the decision:
'Racist garbage'
In 2016, McLean published a book titled When Police Become Prey: The Cold Hard Facts of Neil Stonechild's Freezing Death, which challenged the conclusions of the Neil Stonechild inquiry, which found the Indigenous teenager had been in the custody of police the night he died in November 1990.
McLean's book claims to exonerate the two officers dismissed by Saskatoon police in the wake of the scandal over a police practice known as "Starlight Tours," where officers would drop off intoxicated people on the edges of town in freezing cold temperatures.
McLean arranged for four signing events in Regina for the book, but was opposed by the Saskatchewan Coalition Against Racism.
One of the people who took part in the campaign was Michelle Stewart, a professor at the University of Regina. Stewart called event venues and urged them to cancel the signings. She also made a post on social media describing the book as "racist garbage."
Robertson's decision says that although Stewart's comment was directed at the book itself, "it is reasonable to extend the slur to [McLean]."
Robertson wrote that Stewart did not read the book before describing it as racist. Robertson read the book and wrote that he did not find content that could support that allegation.
The decision says that since "racist" is a charged word not meant to "be thrown around carelessly," Robertson was able to determine that Stewart had defamed McLean.
The decision says Robertson would not have awarded damages had Stewart made a prompt retraction apology, since the defamatory statement was only made in a single post and was an indirect attack.
"However, in this case, I find that a nominal general damage award is appropriate to deter others who might be tempted to be equally reckless in their language," Roberston said.
Along with violating the tort of defamation, Robertson found that Stewart violated the tort of inducing a breach of contract by contacting and urging venues to cancel McLean's signing events.
McLean had sought $165,642 in damages as part of the suit. Robertson awarded her the far smaller sum of $6,450: $1,000 in general damages for defamation, $3,000 in general damages for inducing breach of contract and $2,450.02 in actual damages resulting for inducing breach of contract.
McLean was not award any money for special, aggravated or punitive damages.
"I spent a lot of money on it and didn't get large damages. But my wonderful lawyer, Tavengwa Runyowa, said to me, 'Yes, but remember, we're fighting this for a principle, a principle of free speech,'" McLean said.
Stewart did not provide a response to the decision to CBC by the time of publication.
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