Charles LeBlanc investigated again for libel against Fredericton police

Fredericton blogger Charles LeBlanc is once again under investigation for libel against members of the Fredericton Police Force.

The new investigation comes more than four years after New Brunswick's attorney generaldirected that criminal libel charges against LeBlanc under Section 301 of the Criminal Code be dropped because several other provinces had found that section of the code to be unconstitutional.

Fredericton police spokesperson AlyciaBartlett said a complaint was lodged with the Fredericton force "and because of the situation, and history, we requested an outside agency to investigate."

Bartlett directed any further questions to the Edmundston Police Force. A message left with Edmundston Police Force Deputy Chief Andre MadoreWednesday by CBC News was not returned.

Arrested by Edmundston police

On Nov. 8, two men identifying themselves as members of the Edmundston Police Force placed LeBlanc under arrest in downtown Fredericton near the New Brunswick Legislature and told him he was being investigated for defamatory libel.

LeBlanc indicates on his blog the new investigation falls under Section 300 of the Criminal Code, which states: "Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years."

LeBlancstates on hisbloghe was subsequently released without being charged or given a court date.

LeBlanc posted a video of the arrest on his blogalong with an audio file of his interview with police.

"Those comments are still on your blogthere, Charles," one of the Edmundstonofficers tells LeBlanc in the arrest video. "Those videos are still on your blog, where you're calling Fredericton police officers pedophiles."

• Crown drops charges against outspoken N.B. blogger

"This is starting all over again," said LeBlanc on Wednesday.

LeBlanc said he would remove the offending post if someone told him which posts are an issue.

"I don't know which posts they're talking about," he said.

"This could all be settled in a couple of hours."

Contentious history

LeBlanc has a long and contentious history with the Fredericton police that culminated in the City of Fredericton hiring former ombudsman Bernard Richard in 2012 to review the force's handling of the initial criminal libel case against LeBlanc.

In 2009, LeBlanc posted video of Fredericton police officers arresting a man outside a Fredericton nightclub. The incident was violent and a member of the Fredericton police was subsequently charged with assault and was acquitted in court.

In June 2011, a Fredericton police force officer issued LeBlanc a ticket for not wearing a bicycle helmet in downtown Fredericton.

• Charles LeBlanc blog shutdown at City of Fredericton request

In his 2012 report, Richard noted that bicycling without a helmet "is a fairly common occurrence and a low-level offence."

"Had it been another cyclist, would the same decision have been made?" Richard asks in thereport.

LeBlanc ended up posting about the helmet ticket on his blog, referred to the constable who issued the ticket as a "fascist cop."

In a subsequent post on July 26, 2011, LeBlancposted a photo of the constable and referred to "sexual pervert Quebecois Const."

The constable had initiated a defamatory libel complaint and the investigating police officer concluded the July 26 post did support a charge being laid.

In August 2011, LeBlanc protested outside the Fredericton Police Force station and through a bullhorn stated the force employs "sexual perverts" and that the constable who issued the ticket was a "faggot."

Richard's recommendations

In his final report, Richard said the Fredericton police should have "farmed out" the investigation of LeBlanc.

• Fredericton police should have 'farmed out' blogger case

"There was too much history with the force, too many incidents involving this same officer and Mr. LeBlanc was too often in the public sphere to avoid the perception that the Fredericton Police Force could not be totally impartial in its consideration of the case," stated Richard.

Richard also recommended the Fredericton Police Force provide all its members with enhanced mandatory training on dealing with emotionally disturbed persons, including education on mental disorders, available services and intervention techniques.