A University of Regina professor has been found liable for defamation after calling a book about a controversial indigenous death "racist garbage" on social media without reading the entire book.Saskatchewan Court of King's Bench Justice Neil Robertson ruled that Michelle Stewart, a professor in gender, religion, and critical studies who also serves as associate dean for academic integrity and equity, defamed Alberta journalist Candis McLean in a 2016 Facebook post.The case was about McLean's book When Police Become Prey: The Cold Hard Facts of Neil Stonechild's Freezing Death. The book examines the 1990 death of Neil Stonechild, a Saulteaux First Nation teenager found dead of exposure in a Saskatoon field. McLean argues that two police officers fired following a public inquiry into the death were treated unfairly.Stewart's comment appeared on a Facebook page linked to the Saskatchewan Coalition Against Racism, a group that no longer exists..The group launched a campaign to cancel McLean's book signing events across the province. Stewart and others contacted venues directly, and several cancelled scheduled appearances.Justice Robertson determined that while calling the book "garbage" could constitute fair comment, labelling it "racist" was defamatory. He pointed out that many Canadians would shun someone branded as racist and decline to engage with their work.The judge concluded the book was not racist and described Stewart's statement as "objectively false." He found Stewart could not point to specific content supporting her racism accusation. .Robertson characterized such commentary as part of "cancel culture," which seeks to suppress books rather than engage with their arguments through debate.Stewart's legal team argued she had both the right and responsibility as an expert in policing and colonialism to comment publicly on the work. However, the court determined Stewart had not read the complete book before making her statement, preventing her from claiming the defence of responsible communication.This defence, established by a 2009 Supreme Court decision, protects publications on matters of public interest when proper diligence is demonstrated. Justice Robertson found Stewart showed no "diligence in verification," making her communication irresponsible despite her claims of reviewing portions and understanding the book's premise.The judge also ruled that Stewart's actions induced breach of contract by convincing venues to cancel McLean's events, entitling the author to compensation..McLean had sought more than $160,000 in damages but was awarded just over $6,450. The court noted no apology was published, though the parties disagreed whether one was offered.Despite receiving far less than the approximately $40,000 she spent on legal fees, McLean said the eight year legal battle was worthwhile."It was really the principle of the thing," said McLean.Her lawyer Tavengwa Runyowa said his client "has laid her own brick in the wall of justice." He suggested the modest award might reflect the Facebook post's limited audience.McLean expressed particular concern that Stewart attacked the book without careful examination.."In all of Dr. Stewart's high flown, virtue signalling verbiage, such as her claim it was her obligation as an expert to speak out, not once did I find her mention the word truth," said McLean. "Truth is discovered by doing the hard work of following the dictates of the evidence, wherever that may lead."She criticized the academic approach stating, "I find it both disappointing and alarming that an academic criticized me and my book without first doing a close textual exegesis."McLean has written to University of Regina President Jeff Keshen expressing lost confidence in the institution following the incident."Academics should not react blindly," wrote McLean."They have a duty to gather all the facts before taking action that could harm someone or create a false narrative."
