REGINA – Justice Neil Robertson of Regina Court of King’s Bench has ruled in favour of journalist and author Candis McLean, finding University of Regina professor Dr. Michelle Stewart liable for defamation and unlawful interference with contractual relations.
The case stemmed from a 2017 social media post in which Stewart, then a professor of Justice Studies, publicly labeled McLean’s book, When Police Become Prey: The Cold, Hard Facts of Neil Stonechild’s Freezing Death as “racist garbage,” despite admitting she had not read it.
“Eight years – that is enough,” McLean said in a phone interview on Thursday about the long legal battle.
“I guess it was worthwhile?” added McLean, expressing mixed feelings about the outcome.
In 2016, McLean published her book that challenged the conclusions of the Neil Stonechild inquiry. The inquiry found that Saskatoon police constables had taken Stonechild into their custody in November 1990 and didn’t conduct a proper investigation into his death, concluding that systemic issues within the police contributed to his death.
Stonechild, a teenager from Saulteax First Nation, died of hypothermia shortly after he was picked up by Saskatoon police. There were accusations that the police had taken him to the northwest section of the city and left him in a field at night when it was about -28 C, in a practice known as "Starlight Tours."
In Justice Robertson’s judgment, issued June 13, he rejected Dr. Stewart’s defences, saying the comments were “objectively false,” “malicious,” and damaging to McLean’s reputation.
Justice Robertson went on to say that Dr. Stewart failed to cite any passages supporting her claim that the book was racist. He said Stewart’s failure to read the book before condemning it demonstrated “reckless, not responsible” communication, undermining her defence.
Stewart was also found liable for directly encouraging venues to cancel McLean’s book-signing events at Chapters. Court documents show that McLean ended up having a book signing on a sidewalk in Regina, which Dr. Stewart picketed in protest.
McLean expressed dismay over Stewart’s conduct, particularly given her academic position.
“I find it both disappointing and alarming that an academic criticized me and my book without first doing a close textual exegesis,” she said. “Society expects a higher standard of scholarship from university professors. She not only defamed me, but has also made me lose confidence in the University of Regina. I am sincerely concerned about this. Academics should not react blindly. They have a duty to gather all the facts before taking action that could harm someone or create a false narrative.”
McLean said for eight years, right up until the final court hearing in May, Dr. Stewart still insisted that her book was “racist garbage.”
In an open letter to University of Regina President Dr. Jeff Keshen, McLean questioned whether the university would address faculty conduct and educate staff on defamation laws.
In an email to SaskToday on Thursday, Senior Public Affairs Strategist Mindy Ellis, from the University of Regina, said, “The University of Regina has no comment on this matter between Candis McLean and Michelle Stewart.”
Justice Robertson’s decision criticized the “cancel culture” tactic of silencing debate through personal attacks rather than engaging with opposing views.
“Democracy is imperilled when people think it better to suppress or ban books than debate their merits,” he said in his written decision.
“The evidence is clear that Dr. Stewart personally called at least one venue and likely others,” said Justice Robertson. “She also encouraged others to do the same with the intention of procuring cancelation of the bookings.”
McLean had sought $165,642 in damages. The court, however, awarded McLean $6,450. Pre-judgment interest applies from April 2017. The court denied McLean aggravated or punitive damages.
The book When Police Become Prey: The Cold, Hard Facts of Neil Stonechild’s Freezing Death, remains available on Amazon.
The conclusions of the Neil Stonechild Inquiry can be found online.
