Dear Friends,
Please pray for this lawsuit being launched against the Canadian Broadcasting Corporation. We need to hold the tax funded far left pseudo news agency accountable when they deliberately try to deceive the public and maliciously hurt pro-family activists.
Sincerely,
Bill Whatcott
"For I know that through your prayers and God’s provision of the Spirit of Jesus Christ what has happened to me will turn out for my deliverance."
Philippians 1:1
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CANADA
PROVINCE OF SASKATCHEWAN
IN THE COURT OF QUEEN'S BENCH
JUDICIAL CENTRE OF WEYBURN
BETWEEN:
WILLIAM GARY WHATCOTT PLAINTIFF
AND
CANADIAN BROADCASTING CORPORATION
DEFENDANT
Statement of Claim
Notice to Defendant
(1) THE PLAINTIFF MAY ENTER JUDGMENT IN ACCORDANCE WITH THIS STATEMENT OF CLAIM OR SUCH JUDGMENT AS MAY BE GRANTED PURSUANT TO THE RULES OF COURT, UNLESS
- within 20 days if you were served in Saskatchewan
- within 30 days if you were served elsewhere in Canada or in the United States of America
- within 40 days if you were served outside Canada and the United States of America
(excluding the date of service), YOU SERVE A STATEMENT OF DEFENCE ON THE PLAINTIFF AND FILE A COPY THEREOF IN THE OFFICE OF THE LOCAL REGISTRAR OF THE COURT FOR THE JUDICIAL CENTRE ABOVE NAMED.
(2) In many cases a defendant may have the trial of the action held at a judicial centre other than the one at which the Statement of Claim is issued. Every defendant should consult his lawyer as to his rights.
(3) This Statement of Claim is to be served within six (6) months from the date on which it is issued.
(4) THIS STATEMENT OF CLAIM IS ISSUED at the above named judicial centre THE ______ DAY OF ____________________, 2012.
(5) This action is brought against you under the simplified procedure as set out in Part Forty of The Queen's Bench Rules.
LOCAL REGISTRAR
C L A I M
1. The Plaintiff, William Gary Whatcott, resides in the City of Weyburn, in the Province of Saskatchewan.
2. The Defendant, Canadian Broadcasting Corporation (“CBC”) is a corporation incorporated under the laws of Canada. It is the broadcaster of CBC News, a television program widely watched throughout Canada, and it also broadcasts news worldwide on the internet at http://www.cbc.ca.
3. On October 12th, 2011, the CBC broadcast, as a segment of the national news, an audio-visual presentation on Plaintiff’s case which was going before the Supreme Court of Canada. At issue in the Supreme Court of Canada was whether the text of 3 flyers distributed by the Plaintiff in Saskatoon and Regina constituted hate speech. The CBC said that the flyers called gay people “filthy, sodomites” and “pedophiles”.
4. However, during the broadcast of the segment the camera panned a flyer with the words “Kill The homosexual” on it, thereby suggesting that the Plaintiff advocates murder which is false as the Plaintiff has never advocated murder of homosexual people.
5. The flyer with the words “Kill The homosexual” was not one of the three flyers in question in the Supreme Court of Canada. It was a flyer that was distributed by Plaintiff two years prior to the newscast. This flyer had the words “Kill The homosexual” on it, but these words were quoted as a parody on an Alberta Human Rights Tribunal Decision that found that a popular song with the lyrics “Kill the Christians” did not constitute hate towards Christians. The flyer itself clearly indicated that the Plaintiff did not want homosexuals killed and that the flyer should not be interpreted as an incitement to violence. The flyer referred readers to a website run by the Plaintiff for further explanation.
6. The Defendant’s deliberate omission of the Plaintiff’s exculpatory statement regarding the use of the words ”Kill the homosexual” which immediately followed and explains the context in which the words appear, is indicative of malice and the intent to expose Plaintiff to hatred, contempt and ridicule.
7. Anyone viewing the broadcast would have reached the conclusion the Plaintiff advocated the killing of homosexual people. That impression was false. If it had been true that the Plaintiff advocated killing homosexuals, it would have been a criminal offence for Plaintiff to say so. The meaning the Plaintiff conveyed in the whole flyer was the opposite to the impression created by panning the first line of the song. That is, he conveyed that neither homosexuals nor Christians should be killed.
8. Subsequent to the initial broadcast, the Defendant repeated the broadcast on its internet website at http://www.cbc.ca.
9. The Plaintiff became aware of the news broadcast on or about October 12th, 2011.
10. By panning the flyer with the words “Kill The homosexual”, the Plaintiff has been greatly injured in his credit, character, and reputation and has been brought into hatred, contempt, scandal and ridicule.
11. The Plaintiff is a political activist who relies upon donations to fund his political activism. The slander greatly injured the Plaintiff’s reputation and, as a result, has negatively impacted his fundraising capacity.
12. In an effort to mitigate the damages caused to him by the slander, the Plaintiff delivered a notice of libel to the Defendant on November 8th, 2011. The Plaintiff expressly notified the Defendant that the panning of the flyer was false and defamitory, and sought the immediate retraction of the broadcast. No retraction was subsequently broadcast.
13. The innuendo arising from the broadcast is false and was maliciously broadcast by the Defendant, knowing that it would create a false impression, with careless disregard as to whether the context of the words in the flyer made that impression true or not.
14. As a result of the broadcast, the Plaintiff has also suffered personal embarrassment and humiliation.
15. As a result of the broadcast, the Plaintiff has suffered and will continue to suffer damages for which the Defendant is liable.
16. The Defendant has further aggravated the damages caused by it to the Plaintiff, in that it has refused to apologize publicly to the Plaintiff.
17. The malicious, high handed, careless and arrogant conduct of the Defendant as aforesaid displays a wanton and flagrant disregard of the Plaintiff’s rights.
The Plaintiff therefore claims:
a. General damages;
b. Punitive, aggravated and exemplary damages;
c. Costs of the action; and
d. Such other relief as counsel may advise and this honorable court allow
Dated at Weyburn, Saskatchewan, this ____ day of ___________________, 2012
NIMEGEERS, SCHUCK, WORMSBECKER & BOBBITT
Per:
Solicitors for the Plaintiff
William Whatcott
THIS DOCUMENT WAS DELIVERED BY:
NIMEGEERS, SCHUCK, WORMSBECKER & BOBBITT
Barristers and Solicitors, whose business address and
ADDRESS FOR SERVICE IS: 319 Souris Avenue N.E.
(P.O. Box 8), Weyburn, Saskatchewan S4H 2J8
TELEPHONE: (306) 842-4654 FAX: (306) 842-0522
E-MAIL: law@nswb.com
SOLICITOR IN CHARGE OF FILE: THOMAS A. SCHUCK/ANDRE WILKINS
AW/dm H:\OPEN\8874 - WHATCOTT\8874AF - Canadian Broadcasting Corporation (CBC)\Pleadings\12 06 08 STATEMENT OF CLAIM.doc
