---
title: "Favourable Judgment in the Dalila Awada Defamation Case ✦ Goldwater Droit"
meta:
  "og:description": "Québec courts ruled in favour of Dalila Awada in her defamation lawsuit. Goldwater, Dubé discusses this important judgment on public debate and free expression."
  "og:title": "Favourable Judgment in the Dalila Awada Defamation Case"
  description: "Québec courts ruled in favour of Dalila Awada in her defamation lawsuit. Goldwater, Dubé discusses this important judgment on public debate and free expression."
---

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# Favourable Judgment in the Dalila Awada Case

30 November 2019

3 min read

[Property & Civil Disputes](https://goldwaterdroit.com/en/news-insights?topic=property-civil-disputes) [Firm & People](https://goldwaterdroit.com/en/news-insights?topic=firm-people) [Firm News](https://goldwaterdroit.com/en/news-insights?category=firm-news)

Québec courts have ruled: the smear campaign against activist and columnist Dalila Awada in 2013 and 2014 constituted defamation. Justice Carole Julien ruled in favour of Ms. Awada in her lawsuit against Philippe Magnan and awarded her $50,000 in moral damages and $10,000 in punitive damages. The Court of Appeal dismissed the appeal of this judgment.

**Key takeaways from this important judgment**

The videos and blog posts targeting Ms. Awada went beyond the scope of debate on a matter of public interest "by attacking her personally rather than her ideas and point of view."

The judgment establishes that such actions are not protected by freedom of expression but rather constitute a civil fault, serving as a stern warning against excesses committed in the name of free expression, in these powerful words:

"One thing is certain. Our democracies are founded on, among other things, a free and quality press. The sites that proliferate outside the quality-control mechanisms risk spreading fake news, unfounded and unverified theories. The dissemination of false information is as great a danger to our democracies as the muzzling of the press. A clear example of this harm lies in the factual narrative of the present case."

After underscoring the undeniably racist and sexist nature of some of the comments, the Court expressed its disapproval of the defendant's defamatory publications "in a domain as sensitive as the one before us, a domain that risks inflaming passions, inciting citizens to turn against one another and to distrust all those who have characteristics different from those of the majority."

As a society, we would all benefit from the wisdom of these Court determinations permeating public debate.

"For everyone to be able to express themselves in public debate, as our conception of democracy demands, there must be rules. This judgment is of great importance because it makes clear that public debate does not give carte blanche to say or do anything without regard for the harm caused to others. We hope that this judgment will reassure those who do not dare speak up for fear of becoming the target of outrageous and devastating personal attacks, even though they are willing to accept criticism of their ideas. The Court clearly denounces humiliation, contempt, sexist and racist denigration, the instrumentalization of a person's image, false equivalences, and fake news, which should temper such excesses in the future." — Me Marie-Hélène Dubé

Goldwater, Dubé would like to thank Me David Grossman of the firm IMK, counsel, for his invaluable contribution to this victory.

**Statement from Dalila Awada:**

"Nobody wants to find themselves in a legal storm, but sometimes circumstances lead you there. So out of necessity, you dive in.

However, if you have the opportunity to be well represented, the process becomes more bearable. That is what I found at Goldwater, Dubé. Thanks to Me Marie-Hélène Dubé, I immediately felt confident — I was certain I was in good hands and could not have hoped for better representation. I found dedication, rigour, availability, and commitment…

What completes the picture is also the work of all the staff at the office, who welcome you, answer questions, lend a hand, and accompany you throughout. All of this made the difference.

Ultimately, I found a place where empathy and a sincere pursuit of justice are palpable.

I offer them my infinite gratitude."

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