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To win, however, he would need to hold his accuser to account for what she told police about being a victim of sexual assault. That is a tall hurdle, given that reports to police are legally protected for well-established reasons, although it was not clear to what degree.

In defending against the claim, the girl argued that if she said anything about Mr. Caron to police, “it is protected by absolute privilege, being a communication made in or concerning a potential judicial or quasi-judicial proceeding.” She argued “public policy demanded that such statements [to police, with an eye to criminal charges] be completely protected from subsequent defamation claims.”

A lower court judge dismissed that argument, noting that there was no ongoing investigation until she went into an RCMP detachment in November 2012, and so the privilege attached to her complaint was qualified, not absolute.

“The RCMP do not have attributes similar to a court of justice or act in a manner similar to that in which such courts act. They do not have the duty and authority to determine guilt or innocence nor the disciplinary powers to enforce sanctions,” the judge ruled. “In my view, because the RCMP are not a quasi-judicial organization, absolute privilege can only apply to statements taken by them once a court proceeding has commenced.”

Qualified privilege is a defence against libel, meaning a statement was made in good faith according to a social, moral or legal duty, such as reporting an offence to police. It fails if the statement was made maliciously. Absolute privilege, on the other hand, which applies for example to statements made in Parliament, protects everything, even malicious statements.