The Supreme Court rejected Jasmin Roy’s request to remain anonymous in a defamation lawsuit. The actor has indeed taken legal action against a man who is said to be behind the appearance of his name on the list of alleged abusers on the Say his name site in May 2021.
Court documents reveal that Mr. Roy took numerous steps to have a publication by Jean-François Robillard withdrawn, which he considers to be defamatory.
His testimony would have led the Say his name page to include the name of Jasmin Roy in its list of alleged abusers.
Quickly, a formal notice was sent to Mr. Robillard as well as to the administrators of the Say his name page, Delphine Bergeron and A. A.
This procedure led at the time to the removal of Jasmin Roy’s name from the list of Say his name.
However, in May 2021, Mr. Robillard published a new message in which he not only repeated the allegations, but also exposed the formal notice that had been sent to him and described it as an “attempt to intimidate”.
“You asked me to remove your name from the list of attackers, the payment of $ 150,000 in damages and not to discuss the subject of the aggression that you committed against me, otherwise I would expose myself to civil proceedings. if I did not collaborate with your demands “, is it written in the publication which has also since been withdrawn.
Mr. Robillard admitted having deleted his first publication in August 2020, but having realized the “irony” of the situation. “You’re the head of a foundation against bullying Jasmin, you should set an example, not become a bully yourself. »
He also said that he had filed a complaint with the police, but that it was not accepted. “Unfortunately for me and fortunately for you…in cases of sexual assault or misconduct, there are few or no witnesses. So, in the absence of your statement […] it limits the work of the police… and for lack of evidence, the police cannot advance the file, which will be closed for the moment, ”he wrote.
Mr. Robillard claims “the right to speak, the right to tell [son] story without muzzle, without constraint”.
The publication will again be relayed by Say his name, which puts the name of the artist back on the list.
A second formal notice was sent to them, but this time, Mr. Robillard refused to comply.
On June 4, 2021, Jasmin Roy’s lawyer, Me Jocelyn Vézina has filed a request for the artist to remain anonymous in the event that he files a defamation lawsuit against Mr. Robillard. Before Judge Sylvain Lussier of the Superior Court of Quebec, he pleaded that by exposing himself, Mr. Roy and his foundation would see their image suffer.
“Furthermore, it is highly likely that third parties and business partners of [Jasmin Roy et de la Fondation Jasmin Roy]by the natural association that it is possible to make with [M. Robillard et Dis son nom] will be reluctant to continue their collaboration with it if the defamatory remarks about [Jasmin Roy] are published and disseminated in the context of the judicialization of this file, ”we can read in the court documents.
The lawyer also pleaded that the survival of the Jasmin Roy Foundation could be compromised. “The existence and survival of [Fondation Jasmin Roy] is only possible thanks to the contribution of third parties and business partners of the latter. The publication and dissemination of court proceedings would seriously risk leading to the cessation of the activities of [la Fondation Jasmin Roy] “.
Me Vézina also argued that his client was caught in a “trap” since in his last publication Mr. Robillard indicated “Know that if you sue me, your cause becomes public. »
Public character of the debates
In a decision rendered in mid-June 2021, Judge Lussier recalled that the fact of initiating legal proceedings is accompanied by a lot of inconveniences for any complainant. “There is a risk that the case will attract more media than the original event,” he notes. “The filing of defamation proceedings is part of the right to full and complete defence: the injured party can have his honor and reputation restored. “.
A media consortium including The duty had also challenged the artist’s request for anonymity.
On September 22, 2022, the Court of Appeal dismissed Mr. Roy’s motion, which then turned to the Supreme Court. The latter in turn rejected his request for anonymity in a judgment rendered on Thursday. “The public nature of the debates is a fundamental principle of our justice system”, recalls the judges of the Court of Appeal in the file, thus citing the Sherman decision on which their decision is based.