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“There can be no freedom of the press under autocracy,
nor can there be autocracy so long as there is freedom of the press.”
—Diefenbaker in the House of Commons during the Babies for Export Case
Due to the issues it dealt with, the Babies for Export
libel case received a great deal of attention, both nationally and
internationally. The ensuing publicity created further awareness for social
issues such as the state of public welfare in Alberta and the protection of
a free and independent press. Until the trial had been concluded, both had
been neglected.
Regardless of the alleged libellous nature of the article
in question, under the Criminal Code of Canada, those charged with libel
were granted a trial in their own province. Realizing that they could not
charge Cooke, Dingman, or Whitton (who were all from Ontario) with libel,
the government chose to charge the three with conspiracy to publish a
defamatory libel, and further charged Cooke with allegedly counseling John
Michaels to publish libellous material. This was a point the Alberta
government was repeatedly challenged upon and at the close of the trial, a
concrete change had not been named. However, in response to the case,
federal Minister of Justice Isley said that the government was considering a
revision of the statute that would ensure that those charged with any
involvement in libel would be guaranteed a trial in their home province.
In
addition to the ruling’s support of the press and changes that were being
made as a result, the welfare of Alberta received increased attention. The
report commissioned by the Imperial Order of the Daughters of the Empire (I.O.D.E.), and written by Dr. Charlotte Whitton, had
already prompted an Alberta Royal Commission on the issue, and would
continue to create large-scale change in the welfare of Alberta.
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