BC Green Party MLA Andrew Weaver announced he is stepping away from the Green Party to sit as an independent. (Black Press Media file photo)

Appeals court says 2011 article was ‘attack’ on Andrew Weaver, rules it was defamation

The article, Corruption of Climate Science Has Created 30 Lost Years, was written by Timothy Ball

The B.C. Court of Appeals has found an article written about Andrew Weaver in 2011 was defamatory after the claim was dismissed by a trial judge in 2018.

The 1,179-word article titled Corruption of Climate Science Has Created 30 Lost Years, written by Timothy Ball slams Weaver’s qualifications as an academic. Ultimately, Justice Susan Griffin concluded — and was supported unanimously — Ball’s words were an “attack” on Weaver that would lower his standing in the community.

Focusing most heavily on the public debate aspect of climate change, Griffin wrote in her decision the original judge failed to recognize Ball was a “qualified person in the field” who bore the title ‘Dr.’ and referred to matters in a way that suggested he had “a degree of knowledge or expertise in the field that was greater than that of the ordinary reader.”

Griffin stated that debates around climate change often take place online, but that many “internet publications purport to report news and information without employing standards of professional journalism.”

READ ALSO: BC Green Party MLA Andrew Weaver to step away from party, will sit as independent

At the time of publication, Weaver was teaching at the University of Victoria as a professor in the School of Earth and Ocean Science. He held a PhD in applied mathematics from the University of British Columbia and a master’s in applied mathematics from Cambridge University.

Weaver, considered a leading voice for action to address climate change, became a Member of the Legislative Assembly in 2013 and was leader of the B.C. Green Party from 2015 t0 2020.

Ball, a retired professor from the Department of Geography at the University of Winnipeg, holds a PhD from the faculty of science of Queen Mary College, University of London, for which his field of study was climatology. Called a “climate skeptic,” Ball holds the view that concerns about climate change are overstated and not supported by true science.

READ ALSO: B.C. Green leader battles sound-bite storm over going zero-emission

According to the decision, the two men were aware of their differing views prior to the article. Weaver was upset when he came across the article and his lawyer demanded a retraction and an apology from Canada Free Press. Weaver’s lawyer also demanded an apology from Ball.

Canada Free Press retracted the article and apologized four days later. Ball did not immediately issue an apology and Weaver filed a civil suit.

More than a month later, Ball issued an apology and filed a response to the civil claim. His response stated that some of the statements in the article were true, while others were opinion and fair comment.

“Applying the classic test of whether the words have a tendency to injure the person’s reputation in the estimation of reasonable right‑thinking persons, the words were defamatory,” stated Griffin. “A reasonable person would read the article as alleging that Dr. Weaver was not professionally competent or qualified and was academically biased in his field of climate science.”



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Greater Victoria infrastructure get millions in investments to help with economic recovery

New community spaces, health centre, turf fields coming for region

Ryan Reynolds matching fundraising dollars for B.C.’s Great Bear Rainforest

Vancouver-born actor appeals to the public with Make Ryan Pay! campaign

Victoria International Airport rolls out health and safety initiative

YYJ limits who can enter terminal along with other added safety measures

Owners say loss of parking pushes businesses to the brink

New Penny Farthing patio ‘will be like New Orleans, or Las Vegas’

‘Tarantula moth’ spotted in broad daylight in Victoria

Polyphemus moths are one of the largest insects in B.C.

UPDATE: Military reservist facing 22 charges after allegedly ramming gates at Rideau Hall

The man, who police have not yet officially identified, will be charged with multiple offences

Alberta health minister orders review into response after noose found in hospital in 2016

a piece of rope tied into a noose was found taped to the door of an operating room at the Grande Prairie Hospital in 2016.

B.C.’s major rivers surge, sparking flood warnings

A persistent low pressure system over Alberta has led to several days of heavy rain

B.C.’s Indigenous rights law faces 2020 implementation deadline

Pipeline projects carry on as B.C. works on UN goals

‘Mind boggling’: B.C. man $1 million richer after winning Lotto 6/49 a second time

David O’Brien hopes to use his winnings to travel and of course keep playing the lottery

White-throated sparrows have changed their tune, B.C. study unveils

Study marks an unprecedented development scientists say has caused them to sit up and take note

B.C. teacher loses licence after sexual relationships with two recently-graduated students

The teacher won’t be allowed to apply for a teaching certificate until 2035

Lower Mainland teacher facing child pornography charges

Elazar Reshef, 52, has worked in the Delta School District

All community COVID-19 outbreaks declared over in B.C.

Abbotsford manufacturer cleared by Dr. Bonnie Henry

Most Read