Canadian Criminal Law/Offences/Defamatory Libel

Proof of the Offence
There are three offences relating to Defamatory Libel. The Crown will generally prove the following for each offence:

Publishing Defamatory Libel Known to be False
 * 1) identity of the accused as the culprit
 * 2) the jurisdiction of the incident
 * 3) the time and date of the incident
 * 4) the accused publishes materials
 * 5) the materials is defamatory libel
 * 6) accused knows the materials is false

Publishing Defamatory Libel
 * 1) identity of the accused as the culprit
 * 2) the jurisdiction of the incident
 * 3) the time and date of the incident
 * 4) accused publishes materials
 * 5) the materials is defamatory libel

Extortion by Libel
 * 1) identity of the accused as the culprit
 * 2) the jurisdiction of the incident
 * 3) the time and date of the incident
 * 4) accused does any one of the prohibited conduct:
 * 5) publishes,
 * 6) threatens to publish,
 * 7) offers to abstain from publishing, or
 * 8) offers to prevent the publishing
 * 9) the subject matter of publishing is defamatory libel
 * 10) accused intended to either
 * 11) extort money from any person or
 * 12) induce the person to confer on or procure for another person an appointment or office of profit or trust.

Interpretation
The offence of publishing defamatory libel under s. 301 is of no force and effect as it violates s. 2 of the Charter is not savable under s. 1 of the Charter.