IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF CALGARY

BETWEEN:
EZRA LEVANT, ROB ANDERS and SEAN MCKINSLEY
Plaintiffs

and
GAUNTLET PUBLICATIONS SOCIETY,
SHELAGH PEIRCE, ROBERT BARNETSON and
CAREY DuGRAY
Defendants
STATEMENT OF DEFENCE OF THE DEFENDANTS GAUNTLET PUBLICATIONS
SOCIETY. SHELAGH PEIRCE. ROBERT BARNETSON and CAREY DuGRAY
1. The Defendants admits paragraphs 1, 2, 3, 4, 5, 6 and 11 of the Statement
of Claim but deny all other allegations. The Defendants agree with the proposal set out in
paragraph 16 of the Statement of Claim.
2. In response to the whole Statement of Claim, the Defendant, Carey DuGray
states that he was News Editor of The Gauntlet at all material times and, as such, was not
responsible for nor was he consulted in the publication of any letters to the editor including the
letter contained in the February 18, 1993 edition of The Gauntlet entitled "Levant, Anders and
McKinsley Spread Hate, Claims Reader" which item and its headline are alleged by the Plaintiffs
to be defamatory.
3- The Defendants deny that any of the items referred to by the Plaintiffs in
paragraphs 7 and 8 of the Statement of Claim are defamatory of the Plaintiffs.

-2-

4. The Defendants further deny that the alleged defamatory item have created
a sense that the Plaintiffs have advocated hatred in a public place against identifiable groups
based on race, gender or sexual orientation or that the said items have imputed to the Plaintiffs
the commission of a criminal offence.
5. The Defendants deny that the alleged defamatory items were published as
a malicious attempt to slur the Plaintiffs.

6. In the alternative, if the said items are defamatory, the Defendants state that
the items are comments which were made honestly and in good faith or, alternatively, are
expressions of opinion which a person could honestly and hold in good faith about facts which
are a matter of public interest.
7. The Defendants state that the comments referred to in paragraph 6 herein
were based on the following facts:
(a) The facts set out in paragraphs 1 to 9, 13, 14, 17, 18 and 19 of the
Newspaper article published by the Gauntlet on February 11, 1993 entitled
"Debate over Gay Rights Fuels Fire at Speakers Corner";
(b) The following statements contained in the alleged defamatory newspaper
article:
(i) Quote of Ezra Levant, "It is as soon as we start forcing ourselves
on others... that's where (freedom) stops.";
(ii) Statement that the Plaintiffs refute that homosexuality is
biologically based by criticizing the Kinsey report of 1948;
(iii) Statement that the Plaintiffs criticized the Kinsey study for having
included a sample of prisoners and sex offenders;
(iv) Statement that the Plaintiffs argued for the exclusion of sexual
orientation in the Charter of Rights;
(v) Statement that the Plaintiffs suggested homosexuality is a choice.

8. The Defendants state that the facts referred to in paragraph 7 herein are true.
9. The Defendants, therefore, state that the alleged defamatory items are fair
comment.
10. In the further alternative, the Defendants state that if the said items are
defamatory and are not fair comment, then the Plaintiffs have suffered no damages.
11. The Defendants further state that a full and fair retraction and full apology
in respect of the alleged defamatory items was published in the March 11, 1993 edition of the
The Gauntlet.
12. The Defendants plead and rely on sections 9, 15 and 16 of the Defamation
Act, R.S.A. 1980, c. D-6.
WHEREFORE THE DEFENDANTS PRAY that the Plaintiffs' claim be
dismissed with costs.
DATED at the City of Calgary, in the Province of Alberta, this 23rd day of
April, 1993 AND DELIVERED by Adamson & Galbraith Law Offices, Barristers and Solicitors,
Solicitors for the Defendants herein, whose address for service is in care of the said Solicitors
at #247, 3630 Brentwood Road N.W., Calgary, Alberta, T2L 1K8.

ykKK OFNTHfe COtRT^

TO: The Clerk of the Court

and TO: Burstall Ward

Solicitors for the Plaintiffs