FOUR DEFAMATION LAWSUITES

Reflecting on the Year-End:

Four Defamation Lawsuits by Three Chinese Canadian Politicians

By Jonathan Fon 

As 2024 draws to a close, it's a fitting time to review significant events from the past year. One such topic of interest is the defamation lawsuits filed by three prominent Chinese Canadian politicians against mainstream media outlets and journalists, which arose from allegations of Chinese interference in Canadian politics. These lawsuits have attracted considerable attention for their implications on personal reputations and political careers.

The three figures involved are Michael Chan, Han Dong, and Vincent Ke. All three became embroiled in controversy due to media reports linking them to allegations of foreign interference. They subsequently filed lawsuits in Ontario Superior Court of Justice, accusing two major media outlets and several journalists of defamatory reporting that they claim damaged their reputations and political futures.

Michael Chan -   

A former Ontario Liberal Cabinet Minister under the McGuinty and Wynne governments, currently serves as the Deputy Mayor of Markham. Chan has initiated two defamation lawsuits.

The 2015 Lawsuit Against The Globe and Mail

In 2015, Chan filed a defamation lawsuit against The Globe and Mail, its executives, and journalists, seeking $45 million in damages. The case stemmed from a report alleging that Canada Security Intelligence Service (CSIS) had warned the Ontario Liberal government multiple times about Chan’s close connections with Chinese consular officials in Toronto, who were suspected of intelligence activities. CSIS also raised similar concerns about Liberal MP Raymond Chan in British Columbia.

When these warnings were reportedly ignored, CSIS allegedly turned to whistleblowers to reveal the matter to the public. Following The Globe and Mail coverage, Chan responded with legal action, claiming the reports had irreparably harmed his reputation and career. However, after nearly a decade of legal proceedings, the case was dismissed in August 2024 because Chan failed to submit required court documents on time. What started as a highly publicized legal battle ended quietly, unfinished and unresolved.

The 2023 Lawsuit Against CSIS

While his first case remained unresolved, Chan filed a second lawsuit in May 2023, this time against CSIS and several officials. He alleged that, as a Chinese Canadian political figure, he had been unfairly targeted by inaccurate intelligence reports, causing significant damage to his reputation and political career. He is seeking $10 million in damages. This case is still awaiting a hearing, and many are watching closely to see if it will progress further than his previous lawsuit.

Han Dong -

In March 2023, Han Dong, a former Liberal MP who now sits as an independent in Parliament, filed a defamation lawsuit against Global News and its staff. The lawsuit was prompted by reports alleging his involvement in foreign interference by China, which led to his removal from the Liberal caucus.

In May 2024, Global News filed a motion under Ontario Courts Act, Section 137(1)—an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion designed to prevent misuse of litigation to stifle free expression. However, the court rejected the motion in June 2024, allowing the case to proceed to the next stage.

Vincent Ke -

In June 2023, Vincent Ke, a former Progressive Conservative MPP in Ontario who now sits as an independent, also filed a defamation lawsuit against Global News over similar allegations of involvement in foreign interference.

Like in Dong case, Global News filed an anti-SLAPP motion in August 2024, which was rejected by the court in October 2024. The decision has allowed Ke case to move forward.

Significance of the Cases

Both lawsuits filed respectively by Dong and Ke share striking similarities: they involve political figures accusing a prominent media outlet of defamation over reports of alleged foreign interference. In turn, Global News invoked anti-SLAPP legislation to argue that their reporting served the public interest and should not be stifled.

These two cases are rare examples of public figures suing media organizations for defamation. Given the high standards required to prove harm to reputation in such cases, and the equally high standards of accuracy expected from media professionals, the outcomes could set significant legal precedents in Canadian defamation law.

Judicial Implications

Both lawsuits are being closely watched, not only by the legal and political communities but also by the judiciary. Canadian courts, which operate under a common law system, rely on precedents to guide future rulings. The judges presiding over these two  cases appeared to be keen on developing landmark decisions that could provide clarity on the balance between freedom of the press and protection of personal reputation.

Looking Ahead

Unlike Chan’s first lawsuit, which ended prematurely, the Dong and Ke cases have moved forward despite early challenges. If they reach the trial stage, they could offer valuable guidance for future defamation cases involving public figures and the media. Many anticipate that these two cases could conclude in 2025, potentially reshaping the landscape of defamation law in Canada.

December 19, 2024, Shanghai, China