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Hi, Im just wondering

 
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  • Answered by:Copperlaw
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Hi, I'm just wondering how you tell the truth without getting sued? I would like to write a book about different court cases in Canada and simply tell the truth about judges letting people go and the judges reasons for doing so. Do I need to change names or something to keep from getting sued? Sorry, missed the main point, the main character in the book would then go around killing these judges!

 

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Province/Territory relating to question: British Columbia

Already Tried:
Nothing, I've just started gathering info on past cases but won't spen a lot of time writting until I know I won't be sued

Submitted: 404 days and 13 hours ago.
Category: Canada Law
Value: CA$26
Status: CLOSED
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Expert:  Copperlaw replied404 days and 10 hours ago.

Hi There

Being sued would not be your only concern, as in the situation you describe, you may need to worry about criminal repercussions were any real persons, particularly those in e Judiciary, to become alarmed by your inclusion of them in a work of fiction. Threats against justice are taken seriously, and you very well could find yourself in a very bad situation rather quickly.

One must be careful when mixing fact and fiction. Real cases are cited in written work all the time and this is perfectly lawful where the proper references and citations are used. Reported court decisions can be, and are often commented upon, critiqued and analyzed in written work.

However, if you begin to incorporate fictional stories with real persons and circumstances, you run the risk of someone interpreting such a work as a manifesto, or a form of message or threat. The question would be, why use real people and real facts when fictional information would serve the same purpose in conjunction with the other fictional material.

As an aside, given the potential issues and liabilities involved, it is unlikely that you would find a publisher who would support such a work.

If you are merely hoping to write a successful horror fiction, stick to fictional characters. You can use real places, but leave the individuals out of it. Criminally and civilly, you could end up with problems.

Customer replied404 days and 10 hours ago.

Understood. Not the answer I was hoping for but I guess it was expected. Would I be able to do it by using fictional cases that largely resemble a true case. i.e. in B.C. in 1989 a 3 year old was found "Sexually aggresive" by Judge Peter J van der hoop and so the perv got "18mo probation". Would I face the same challenges writing about a fictional case in '89 where a 3 year old was found to be "Sexually forward" and the perv got only "1.5 years probation" by "Judge Pete" or "Judge Dutch" or something simmilar? I guess what I want to do is make it fiction that can be easily tied to true events? As a lawyer, who may want to be a judge one day, you may find this disturbing, but as a father of 3, I find the 18mo probation far more disturbing then writting about a fictional judge that is later judged himself. Also, to be clear, I am ONLY talking about a book idea, nothing else. I would like to embarras Judges (Lawyers, Phycologists, Parol boards, etc...) like him and create dialog about such cases. People say things like "The courts are bad, everyone gets off, etc..." But I don't think peolpe really focus on how disturbing some of these things are. I think that by tallying a large number of these events into a single book will help people really think about it.

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Expert:  Copperlaw replied404 days and 9 hours ago.

I do understand your frustration and disappointment, and get what you are trying to do, however it would likely have much more credibility and shock value if it were written as an analytical paper or societal commentary, without turning it into a work of fiction. Sometimes the truth is much more horrifying than fiction.There are many documented cases over which the public or societal standards and opinion are torn within the Canadian justice system, and it would likely be far more thought provoking to simply compile them and let them stand out for what they are, than to create some fictional reckoning. If written as a work of fiction, with only some truth, it will likely be taken no more seriously than any other horror novel.If you want people to really think about it, then let them think. Don't finish the story for them. You'll have much more credibility with an analysis and commentary, than as just another fiction author. You'll also avoid potential issues for yourself.Copperlaw41040.1556591782

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Category: Canada Law
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Customer replied404 days and 9 hours ago.

Again, understood, but still not what I wanted to hear. Thank you very much for you answers. I've had this idea since the case I mentioned in '89 and everytime I hear of a case like it I wonder about writting a book. Today it was the Rafferty case and how the jury wasn't told about the porn and rape searches he made just before. It's just wrong that things like this happen. I guess I'll need to find another way to vent and draw attention to what I see as a broken system.


 


I've never used this before and the only time I saw the buttons for ending and rating were with your last response. After sending this, I'll try and try to rate/close the chat, if it's still not closed in an hour or so, please just reply with a single word so I can again see the buttons.


 


Thank you!

 
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