Defamation Class Action Against Kenney is a GO!

The Alberta Court of Appeal said the environmental groups suing Kenney for defamation can go to trial.

So, a sitting Premier can be sued for defamation. That's good to know.

This arises out of KENNEY'S abusive use of the Public Inquiries Act to attack, intimidate and harass certain environmental groups with allegations of illegal “foreign funding.”

The environmental groups were running campaigns to force disclosure, accountability and transparency, even honesty, around some Alberta oil industry environmental issues.

Kenney called them "unAlbertan" but also made inaccurate damaging incorrect comments about them around the findings of the Allen Inquiry. So they sued.

The Court of Appeal just confirmed there was an issue to be tried and the Class Action lawsuit against Kenney can proceed.

Of course Kenney could apply to the Supreme Court for Leave to appeal there. I doubt that Leave would be granted but who knows at this stage.

I expect the Government of Alberta is involved in this matter because Kenney made his comments while and as Premier.

I know there is insurance coverage for such matters. That leads to settlement more than trial. I'm sure Kenney would want to see it all go away too. Of course that means Alberta taxpayers are likely on the hook for KENNEY'S legal fees and the deductible on the insurance.

However, I am hoping there is not a settlement, because there are greater public interest issues in this case beyond the specific parties. In a Notley government there may be a desire to get a resolution and clarity on those issues and take the matter to trial. In a Smith government I expect there will be more of a rush to settlement.

For example, some issues I would like the Court to clarify is when does political rhetoric by a politician cross the line and go into defamation? How should it be determined as to what it takes to identify the persons or entities allegedly defamed so they have standing to sue a politician for defamation?

Could a Defamation Action be brought against a candidate for public office? For example, could a group of transgender youth sue Ms Johnson, the infamous UCP candidate, for comparing them to "poop in cookie dough" comment?

I believe that statement was made before she was a nominated UCP candidate. But the question of standing and identity of a plaintiff group in a Cause of Action against her is still worth clarifying.

We've all seen the E. Jeanne Carroll defamation victory against Donald Trump. That was for comments made while in and out of public office. We have the lingering possibility of the Smith defamation claim against the CBC relating to her interference in the Administration of Justice matters.

It's all timely and serious stuff. The Kenney case is an opportunity to bring resolution and clarity. But that is only if it goes to trial and not settlement tied up and behind nondisclosure agreements.

Time will tell us a lot from a trial and almost nothing from a settlement.