The Process is the Punishment: Criminal Libel and Political Speech in Canada

The number of U.S. states with criminal libel laws has been steadily declining since the 1960s, and the offense has been struck down in the United Kingdom and several former British colonies. In Canada, however, criminal libel not only continues to exist, but appears to be enjoying a resurgence, albeit one that has flown beneath the radar of Canadian lawyers, judges, and journalists, who frequently assert that criminal libel prosecutions are rare. The research reported in this article found more than 400 prosecutions since the beginning of the twenty-first century. While many of these cases were brought against people who disseminated sexual slurs against former romantic partners, in a substantial number of cases criminal libel law was used to punish citizens’ political speech, particularly speech critical of police or other justice system officials, a use wholly inconsistent with the Canadian Charter of Rights and Freedoms.     

‘An error is feedback’: the experience of communication error management in crisis negotiations

A range of studies have examined what should be said and done in crisis negotiations. Yet, no study to date has considered what happens when an error is made, how to respond to an error, and what the consequences of errors and responses might be on the negotiation process itself. To develop our understanding of errors, we conducted 11 semi-structured interviews with police crisis negotiators in the Netherlands. Negotiators reported making errors of three types: factual, judgment, or contextual. They also reported making use of four types of response strategy: accept, apologize, attribute, and contradict. Critically, the negotiators did not perceive errors as solely detrimental, but as an opportunity for feedback. They advocated for an error management approach, which focused on what could be learned from another person’s errors when looking back at them. Suggestions for improvement of the communication error management experience in crisis negotiations are discussed.