Bill 31 (The Defamation Act)
Second Reading

From Hansard (5 November 2025)

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Hon. Tim McLeod: — Thank you again, Mr. Speaker. I rise to move second reading of The Defamation Act. Mr. Speaker, Saskatchewan has had a libel and slander Act since 1909, creating an action for persons who have been falsely referred to in either printed or spoken words in a way that would harm that person’s reputation. In the last 113 years the Act has been substantively amended only three times, with many of the provisions dating back to the Libel Act of 1843.

Mr. Speaker, the Law Reform Commission of Saskatchewan recently undertook a review of The Libel and Slander Act with a view towards modernization. The commission conducted extensive consultations between 2022 and 2023. Its final report on how to modernize The Libel and Slander Act was released in March of 2024 and made 19 recommendations.

Mr. Speaker, this bill will replace The Libel and Slander Act with the new defamation Act that will bring Saskatchewan’s legislation in line with other Canadian jurisdictions. This bill will eliminate the distinction between libel and slander so that both actions will now be referred to as defamation. Over time the distinction between libel and slander has created arbitrary differences that result in different liability standards. Combining the two will bring uniformity and simplicity to defamation law in this province.

Mr. Speaker, this bill will incorporate a single publication rule into the Act. This will create a sole cause of action for the publication of an expression and all republications by the same publisher. This rule will bring clarity to limitation periods and prevent the limitation period from starting over every time there is a republication.

The current Act also includes arbitrary and unnecessary distinctions between different kinds of publishers. The bill eliminates these distinctions. This change fulfills one of the main recommendations in the commission’s report.

For example, the bill maintains the provisions respecting privilege and expands the privilege for fair and accurate reporting beyond newspapers to instead apply to all publishers. This bill also includes a new privilege for peer-reviewed material.

Finally, Mr. Speaker, the bill expands remedies beyond monetary damages. With new methods of publishing, monetary compensation does not always reflect the harm done by libel and slander. For example, an online publication may continue to exist in a variety of locations even though the initial publication has been removed. The bill includes provisions permitting orders to be made against internet intermediaries to remove publications from any platform and to have publications de-indexed.

Mr. Speaker, I am pleased to move second reading of The Defamation Act.

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