Social media posts by Black Lives Matter activist Taylor McNallie that may be defamatory against a Calgary Police officer can stay online pending a civil trial, ruled an Alberta judge on March 7.
Calgary Police Const. Kyle Peterson is suing McNallie for defamation for comments she posted on social media about his conduct at a “Free Palestine” rally on Nov. 19, 2023. Const. Peterson had sought an injunction requiring McNallie to take down the social media posts and preventing her from making further posts pending trial.
“Const. Paterson says that the statements are untrue and bring him into disrepute,” said Calgary Court of King’s Bench Justice Colin Feasby in his decision.
The officer’s statement of claim also names Jane and John Doe as defendants.
Justice Feasby said that even though Const. Peterson asserts the social media posts are false, McNallie “stands by her statements and asserts they are true. She had also pleaded that her statements are fair comment and responsible communications on a subject of public interest.”
Justice Feasby said the test for granting an injunction in defamation cases is more stringent than in other civil litigation matters because it deals with a person’s right to freedom of expression.
“Our society’s commitment to freedom of expression is reflected in both the common law and the Charter,” he ruled.
He said an applicant seeking an injunction against someone in this type of a case must establish the published comments are “clearly defamatory” and “establish that there is no sustainable defence of justification . . . absolute or qualified privilege, or fair comment.”
The court documents show that McNallie “describes herself as an educator on racial and social justice issues who opposes police violence.”
The potentially defamatory statements
Cst. Peterson identified in his affidavit four separate statements made by McNallie that he considers to be defamatory.
On Nov.19, 2023, McNallie published a post on the platform/website: https://www.instagram.com (“lnstagram”) utilizing one or more of the accounts @taylormadeyyc, @taylormcNallie, and @inclusivecanada (the “Accounts”) which included a photograph of me with the following text:
“Cst. Peterson, Badge no. 5363. This guy just beat up a pregnant woman are [sic] ripped off her hijab.”
On or around the same date, McNallie posted: “Kids and women being targeted and assaulted by Calgary Police.”
On or around the same date, McNallie published: “Getting updates from the rally in #YYC currently while I am out of town. Pigs are out in FULL force, Kettling folks, blocking all movement, detaining protestors.”
On or around the same date, McNallie published two additional photographs of the officer with the following text: “Is this the same Peterson y’all had on your show, @X929? Just trying to confirm … Maybe you could do another episode titled “things you maybe don’t know about policing but absolutely do you just choose to ignore”
McNallie admits that she made all four statements. The question is whether these statements are manifestly defamatory.
Black Lives Matter known to be anti-police
On Nov, 24, 2022, McNallie made it clear that she supported abolishing the police, stating on The Don’t Fret Podcast, “I’m full abolition at this point.”
On Dec. 13, 2022, McNallie made a post on her public Instagram account with the slogan (All Cops Are Bastards).
In 2020, she was charged with assault with a weapon by Red Deer RCMP following events at Black Lives Matter event in Red Deer. McNallie described the charge as “as joke” and indicated she would defend the charge in a court of law. The charge was withdrawn in January 2022.
On June 15, 2023, McNallie was found guilty of assault with a weapon, after she struck an off-duty police officer with a megaphone in August 2021 during a protest outside the Calgary Courts. The following day she was charged with two counts of assault, one count of sexual assault, and one count of unlawful confinement after a clash with anti-trans protestors outside of Western Canada High School in Calgary. Hate motivation was added to the charges after the Calgary Police Hate Crime Prevention Team completed their investigation.
Charges laid after protest at downtown high school
One Calgary woman has been charged after a physical altercation broke out during a protest outside of Western Canada High School last month.
On Wednesday, May 17, 2023, officers were on scene to support public safety during a protest that began around 10 a.m. The number of protestors fluctuated throughout the day, with an estimated crowd count of 80 people.
During the event, a fight broke out between several individuals of opposing views. The situation escalated to a physical altercation resulting in a number of individuals assaulting one youth and one man. Officers further separated the opposing groups to increase the distance between them. No further physical altercations occurred during the rest of the event.
Taylor McNallie was charged with two counts of assault, one count of sexual assault, and one count of unlawful confinement. After an investigation by the Hate Crime Prevention Team, hate motivation has been applied to the charges.
Mismanagement of funds by Black Lives Matter
Allegations of mismanagement of funds by the organization Black Lives Matter Global Network Foundation were raised after funds were used to purchase a home that cost $6 million in southern California to be used as a facility for a Black artists fellowship. The property included six bedrooms, a recording studio, and a swimming pool.
Only 33% of BLM’s $90M in donations helped charitable foundations, according to May 2023 media reports.
Black Lives Matter’s national organization doled out just over $30 million — 33% of the nearly $90 million it received in public donations from 2020 to 2022 — to charitable foundations, U. S. public filings show.
Black Lives Matter Global Network Foundation, an Oakland, California-based non-profit, gave away the $30,498,722 in grants to black, trans and anti-police non-profits in the fiscal years for 2020 and 2021, according to two federal filings which cover the periods from July 1 2020 to June 30, 2022.
Trudeau supports BLM
During a Black Lives Matter protest at the height of covid lockdowns, prime minister Justin Trudeau joined the large crowd of BLM protesters even though there was a ban on gatherings, and kneeled with them on Parliament Hill.
The government of Canada indirectly funds BLM through the anti hate network, which gives money to BLM.
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