A previous article indicated that while statements made by municipal councillors while in the municipal council are not protected by absolute privilege, they are protected by qualified privilege. This article will examine the question of whether the municipal councillor loses that privilege when the statements are made at municipal council meetings either attended by reporters for the print media or are covered by cable vision companies which broadcast the proceedings to the local community.
Councillors are fully aware of the existence of the press.
Does this in any way vitiate the privilege. This case arose out of a situation where the former Premier of British Columbia made statements to his supporters in the presence of newspaper reporters. The Supreme Court of Canada considered that, as he knew the reporters were in the room, it was like making a statement to the world and thereby, consequently, he lost the privilege. Oddly enough, a very early decision of the English Court of Appeal, dealing with municipal councillors speaking in front of the press, considered that the councillors did not lose the privilege, particularly as in the case which was reported, they did not invite the reporters to attend the meeting. What then was his position.