The activist Sikhs For Justice (SFJ) group won a major victory against former CBC reporter Terry Milewski as a Canadian court gave the go-go ahead to the group to continue their defamation case against the tainted journalist who has been described as a “Sikh-hater” by his critics,

TORONTO – The activist Sikhs For Justice (SFJ) group won a major victory against former CBC reporter Terry Milewski as a Canadian court gave the go-go ahead to the group to continue their defamation case against the tainted journalist who has been described as a “Sikh-hater” by his critics,

SFJ, a pro-Khalistan group had sued Milewski and conservative leaning public policy think tank Macdonald-Laurier Institute (MLI) over allegations that the SFJ and its Khalistan Referendum campaign was a project run, controlled, funded, influenced and financed by Pakistan.

Milewski - the author of the report “Khalistan: A Project of Pakistan” - and Macdonald-Laurier Institute (MLI) - the publisher of the anti-Khalistan report - had attempted to get the defamation case of SFJ dismissed by the Superior Court of Ontario but the presiding judge Justice William Black, after reviewing the extensive evidence, ruled that the claim of defamation brought by the SFJ will be allowed to proceed to a trial and ordered the defendants Terry and MLI to pay SFJ’s legal fees, reported The International News outlet.

Judge Black’s ruling means the defamation claim will be allowed to proceed to trial unless the plaintiff SFJ and the defendants Terry-MLI reach a settlement.

The 24 page report claimed that the SFJ was influenced or controlled by Pakistan; that its referendum campaign was being driven by Pakistan; that the SFJ does not actually represent the Sikh people; that it serves Pakistan and speaks for Pakistan; and finally, that Pakistan is SFJ’s patron and sets limits on its campaign.

The report was used by Indian media and Indian missions to assert that a Pakistan intelligence agency was involved in backing the SFJ and its Khalistan Referendum campaign.

In the defamation lawsuit, the SFJ asked for retraction, apology and damages amounting to $1,000,000.00; special damages for damage to its goodwill amounting to $500,000.00; aggravated damages amounting to $500,000.00; a permanent injunction restraining the defendants or any person acting on behalf of the defendants, or any of them, from publishing, posting, or reposting the libel complained of or other communications defamatory of the plaintiff.

The Ontario Court, while ruling in favour of the pro-Khalistan group, SFJ, held that the defendants could not establish responsible communication on the matters of public interest, because they failed to conduct due diligence. The court further held that the defense of “fair comment” is also not available to the defendants Terry and MLI in this case, because the words used in the allegations against the SFJ are factual in nature and not commentary and in alternative, they are not supported by the facts. In short, the court ruled that the lawsuit is a legitimate defamation action brought in circumstances, where the Sikhs for Justice, a non-violent organisation advocating for Sikh’s self-determination, should have the right to pursue a remedy.

On cross-examination, Milewski conceded a lack of evidence in support of the key facts. Milewski conceded that he does not know whether Pakistan is involved in any way in the SFJ’s referendum campaign.

Milewski said he has no evidence to suggest the SFJ is financially supported by Pakistan and that he has no evidence of any organisational involvement between Pakistan and the SFJ.

Some of the false statements in the report alleged, “It’s Pakistanis, not Khalistanis, who are driving the campaign”; “it’s clear who’s really driving the Khalistan bus: Pakistan”; the SFJ has “undying solidarity with Pakistan” ; “extremists animated by Pakistan seek to distort the history and betray the vast majority of Sikhs who live in peace and freedom”; the SFJ does not “speak for the Sikh community; the evidence, instead, suggests that they speak for Pakistan”; and that Pakistan is the SFJ’s “patron” and “sets the limits” on the campaign.

In the court, Milewski had attempted to argue that his report presented his “opinion” rather than “facts” but Justice Black recognised that Milewski’s public tweets defended the article as factual and this was inconsistent with his position on the motion.
The ruling in favour of the SFJ came just days before the group kickstarted on October 31 from London, UK, the voting in its groundbreaking innovative initiative of holding the first-ever global referendum on the question of Khalistan. Over 30,000 Sikhs from around London showed up to vote on the opening day of Khalistan Referendum in London, which prompted Indian PM Modi to leave behind other issues and instead raise the SFJ-Khalistan Referendum issue with his British counterpart during their brief meeting at the COP26.

The SFJ has been banned by India since 2019 on account of running a secessionist referendum campaign, however, the group continues to operate unrestricted in western democracies, where freedom to expression, through peaceful means such as holding a referendum, a dissenting political opinion is considered sacred and inviolable, reported The International News outlet.

Courtesy reported The International News outlet