Action No. _________________
IN THE COURT OF QUEEN'S BENCH OF
JUDICIAL DISTRICT OF EDMONTON
BETWEEN:
FERREL
CHRISTENSEN
-Plaintiff
-and-
THE
NATIONAL POST COMPANY, NP HOLDINGS COMPANY,
GLOBAL COMMUNICATIONS LIMITED and DONNA
LAFRAMBOISE
-Defendants
STATEMENT
OF CLAIM
The
Parties
1. The
Plaintiff ("Dr. Christensen") was at all material times retired from
his position as Professor of Philosophy at the
2. At
all material times, Dr. Christensen was an active volunteer member of a Society
incorporated pursuant to the laws of the
3. The
Defendant the National Post Company ("the Post") is a partnership
registered under the laws of the
4. The Defendant Donna Laframboise
("Laframboise") was at all material times a reporter and columnist
employed by the Post.
The
Publication
5. On
Tuesday, April 17, 2001, in the City of Edmonton in the Province of Alberta and
elsewhere throughout Canada, The Post published an article ("the
article"), written by Laframboise, in which the Defendants falsely and
maliciously published the following words about the Plaintiff which, taken in
the context of the article as a whole, are defamatory of the Plaintiff:
"The
Equitable Child Maintenance and Access Society is Alberta's largest
non-custodial parents' lobby group. But between an executive's conviction for
sexual exploitation of a minor and an activist's views on childhood sex, the
group is self-destructing" . [The word "activist" meant and was
understood to mean Dr. Christensen.]
ECMAS
is "...self-destructing amid a scandal that includes an executive
convicted of sexual exploitation of a minor and an activist who holds
controversial views about childhood sex." [The word "activist"
meant and was understood to mean Dr. Christensen.]
"Louise
Malenfant, a community activist in Edmonton, says published views on childhood
sex by Ferrell [sic] Christensen, a
second man involved in ECMAS Edmonton, further undermine the group's ability to
assist those wrongly accused of sex offences. "You cannot legitimately
speak on behalf of the falsely accused while holding the belief that sex in
childhood is a good thing," she says, adding that these two men are among
ECMAS Edmonton's most prominent activists."
"Ferrell
[sic] Christensen, for his part, is a
professor emeritus of Philosophy at the University of Alberta and the author of
a 1990 book, Pornography: the Other Side. While children's sexuality has
decided moral dimensions for most Canadians, in a section titled Sex and Young
People, Prof. Christensen discusses these issues outside of a moral
context."
"Even
more controversially, when discussing the harm he believes society's attitudes
toward childhood sex cause, he equates loving parents, who teach their children
sexual restraint, with pedophiles..."
"Pedophiles,
he believes, are able to lure children because, in our culture, "young
people are prevented from having the sexual knowledge, and the sexual contact
with peers, that they naturally desire." "
"One
woman says Professor Christensen... suggested "at least, maybe eight times
...."Dump your lawyer. You don't need a lawyer, [Tim] Adams will help
you." "
"ECMAS
Edmonton's support group meetings...begin with the disclaimer that the group is
not offering legal advice. But another man says...."I remember [Dr.
Christensen] saying.... '...We can't have some other support group meeting
without the ability to offer legal advice', stating that [Tim] Adams, who comes
to the support groups, is some kind of legal advice. Professor Christensen has
often remarked, 'What you should do is
call [Tim]...[Tim] is a lawyer....' But he's never said, '[Tim] is a disbarred
lawyer but he can still help you.' ...Ferrell's [sic] very adamant and very sure that the only person that can
really help in that group is [Tim] Adams."
"
"According
to another man, Mr. Adams..."...kind of feels them out as to who's got
money and who doesn't. We tell our story and what's happening in our situation,
and both him and Ferrell [sic] kind
of ask about the financial aspect." "
"When
the Post replied with a list of 13
questions asking, among other things, whether he has ever urged anyone to hire
Mr. Adams, and what he means by certain passages in his book, he declined to
answer."
Natural
and Ordinary Meaning
6. The
defamatory words complained of, in their natural and ordinary meaning in the
context of the article as a whole, were meant and were understood to mean any
or all of the following, which are defamatory of the Plaintiff:
a.
that Dr. Christensen has published
the opinion that a loving parent who teaches children sexual restraint is
morally indistinguishable from a pedophile;
b.
that Dr. Christensen's views about
childhood sex created a scandal so great as to cause Alberta's largest
non-custodial parents' lobby group to be self-destructing;
c.
that Dr. Christensen knows or
recklessly disregards the fact that the scandalous nature of his published
views about childhood sex undermines the
ability of ECMAS to assist people who need help;
d.
that Dr. Christensen has claimed
in his book that keeping children from sexual knowledge and sexual experience
with their peers does not just make possible the specific pedophile tactic of
using pornography to lure children, but is the entire explanation of the
success of pedophiles in luring children into sex with them;
e.
that Dr. Christensen makes a
practice of advising people who come to ECMAS for help, irrespective of their
individual situations, to avoid hiring lawyers or to fire their lawyers and
instead hire paralegal [Tim] Adams;
f.
that Dr. Christensen and Adams
collude to discover and exploit the financial resources of those who come for
help.
The
Innuendo
7. In
the alternative, the defamatory words as set out in paragraph 5, in the context
of the article as a whole, contain false and defamatory innuendoes as set out
above in paragraph 6.
8. Further,
the defamatory words, in the context of the article as a whole, contain false
and defamatory innuendoes, particulars of which include:
a.
that by (allegedly) discussing
issues of childhood sexuality outside of a moral context in his book, Dr.
Christensen expressed the view that morality is irrelevant to issues
involving children's sexuality;
b.
that Dr. Christensen does not
believe that the criminal sexual misconduct for which Mr. Adams was convicted
was morally wrong;
c.
that Dr. Christensen has some
oblique motive for colluding with Mr. Adams for the latter's financial
gain;
d.
that Dr. Christensen hides the fact of Mr. Adams' disbarment from
people who come to ECMAS for help;
e.
that Dr. Christensen did not
answer the 13 questions posed by Laframboise because he had something to hide;
f.
that Dr. Christensen is amoral or
of bad character;
g.
that Dr. Christensen is recklessly
irresponsible or dishonest or both;
h. that
Dr. Christensen manipulates vulnerable persons to cause them to act in ways
that he knows or ought to know are not in their best interests, or is
recklessly unconcerned about whether his conduct harms or benefits those who
come to ECMAS needing help.
9. The
words complained of were about the Plaintiff and were written with malice.
The
Slander
10. On
Thursday, March 22nd at about 10:00 a.m., Laframboise called Bob Bouvier, the
President of ECMAS, at his place of employment. She had not yet made any
attempt to contact the Plaintiff. They spoke for approximately 75 minutes.
During the course of that conversation, Laframboise said she expected to
publish an article in The National Post
on Saturday, March 24th. She suggested to Bouvier that ECMAS should, in its
best interests, dissociate itself from [Tim] Adams and Dr. Ferrel Christensen.
She recommended that ECMAS do so immediately, before her story came out, so as
to minimize the damage that might be done to ECMAS as a result her article's
exposure of the conduct of Adams and the Plaintiff. When Bouvier suggested that
there was no time to investigate her allegations, Laframboise told him that she
could delay her story, but not for long. Her editor, she said, had to have
ECMAS's response, as to whether it was going to dissociate itself from Adams
and the Plaintiff, before the end of the weekend. In the course of that telephone conversation,
during the whole of which Laframboise was acting in her capacity as an employee
of the Defendant Post, Laframboise
slandered the Plaintiff by saying the following
words or words to the following effect:
a.
"Ferrel Christensen wrote a
book, which I have read. In that book he condones adult-child
sex".
11. The
words set out in paragraph 10a herein
slandered the Plaintiff and were calculated to lower his reputation in the
community and specifically intended to
seriously discredit him within ECMAS. In their ordinary meaning, and in the
context of the conversation as a whole, they were intended to mean and did mean
that Dr. Christensen had published a book in which he condones sexual activity between children and adults.
12. Laframboise's
statement to Bouvier in the conversation referred to in paragraph 10 herein, to
the effect that ECMAS must forthwith decide whether to dissociate itself from
the Plaintiff and that, having regard to the intended content of her
forthcoming article, it ought to so dissociate itself, was calculated to
exacerbate the damage to Dr. Christensen's reputation and standing in the
community that she intended to cause and did cause by the slanderous words as
set out in paragraph 10a.
Damages
13. The
promulgation of the libellous and slanderous statements set out above were
calculated to and did disparage the Plaintiff in his personal reputation and in
his professional reputation. As a result, the Plaintiff has suffered public
humiliation and distress, serious harm to his personal and professional
reputation, and irreparable harm to his future activities as an advocate for
ECMAS and for other causes in which he has been, is, or will be engaged.
14. The
Defendants promulgated the libellous and slanderous statements set out above
with express malice and in a high-handed and reckless manner, which has
aggravated the harm suffered by the Plaintiff and which justifies the awarding
of both aggravated damages and exemplary damages. Particulars of that conduct include those set
out in paragraphs 10 and 11 herein.
15. Proper
notice under the Defamation Act was
served by the Plaintiff more than 7 days before the filing of the within
action.
16. The
Plaintiff has demanded an apology and a full and fair retraction of the
defamatory and slanderous statements. The Defendants have not apologized to the
Plaintiff nor have they retracted any statements contained in the article.
17. In
the article, Laframboise resiled from the slanderous words spoken to Bouvier by
including the comment that Dr. Christensen "... neither advocates nor
condones inter-generational sex...". However, the immediate context into
which Laframboise inserted that comment distorted the views of the Plaintiff in
such a manner as to leave doubt in the reader's mind as to whether he does in
fact condone sex between adults and children. For this reason and others, the
disclaimer by Laframboise fell well short of an adequate correction.
18. The
Plaintiff proposes that the trial of the within action be held at the Law
Courts in the City of Edmonton in the Province of Alberta.
19. The
Plaintiff says that the duration of the trial will be less than 25 days.
WHEREFORE THE PLAINTIFF CLAIMS AGAINST THE
DEFENDANTS JOINTLY AND SEVERALLY:
a)
general damages, including
aggravated damages, of $500,000.00;
b)
punitive or exemplary damages of
$500,000.00;
c)
interest pursuant to the Judgment Interest Act;
d)
costs of this action on a solicitor
and client basis;
e)
direction to the Defendants that
the National Post publish, at its own expense and as prominently as the
defamatory article, the Reasons for Judgement of this Honourable Court; or, in
the alternative, such summary or extracts therefrom as may be directed by this
Honourable Court;
f)
such further and other relief as
this Honourable Court may deem just.
DATED at the City of Edmonton in the
Province of Alberta and delivered by Bradley J. Willis, Barrister and
Solicitor, solicitor for the Plaintiff, whose address for service is in care of
Willis & Bokenfohr, Barristers and Solicitors, at #325 Capital Place, 9707-
110th St., Edmonton, Alta, T5K-2L9, or by fax at 780- 452-3247.
ISSUED THIS _______ DAY OF JUNE, 2001
__________________________________________
CLERK OF THE COURT OF QUEEN'S BENCH OF
ALBERTA
NOTICE TO THE DEFENDANTS:
THE
NATIONAL POST COMPANY and DONNA LAFRAMBOISE
You have been sued. You are
the Defendants. You have only 15 days to file and serve a Statement of Defence
or Demand of Notice. You or your lawyer must file your Statement of Defence or
Demand of Notice in the office of the Clerk of the Court of Queen’s Bench in
Edmonton, Alberta. You or your lawyer must also leave a copy of your statement
of Defence or Demand of Notice at the address for service for the Plaintiff
named in this Statement of Claim.
WARNING: If you do not do both things within 15
days, you may automatically lose the law suit. The Plaintiff may get a Court
judgement against you if you do not file, or do not give a copy to the
Plaintiff, or do either thing late.
AND IS ADDRESSED TO the
Defendants
THE NATIONAL POST COMPANY
and DONNA LAFRAMBOISE
Current Partners of The
National Post Company:
NP Holdings Company
Primary Attorney: John A.
Cross
Miller Thompson
2700, 10155 – 102 Street
Edmonton, AB T5J 4G8
Global Communications
Limited
Primary Attorney: John H.
MacFarlane
Osler, Hoskin &
Harcourt LLP
1900, 333 – 7 Avenue SW
Calgary, Alberta T2P 2Z1
Action No.
IN THE COURT OF QUEEN'S
BENCH
OF ALBERTA
JUDICIAL DISTRICT OF
EDMONTON
BETWEEN:
FERREL CHRISTENSEN
-Plaintiff
- and -
THE NATIONAL POST COMPANY and DONNA LAFRAMBOISE
-Defendants
STATEMENT OF CLAIM
THIS STATEMENT IS ISSUED BY
Bradley J. Willis
Solicitor for the Plaintiff
and whose address for
service is:
c/o Willis & Bokenfohr
#325, 9707-110 Street
Edmonton Alberta T5K 2L9
Tel: (780) 452-2751
Fax: (780) 452-3247