|
|
August 31, 2010 — Earlier this month, the Canadian Civil Liberties Association (CCLA) made submissions to the Hon. Chris Bentley, Attorney General of Ontario, urging him to provide greater protections for Ontarians against abusive civil law suits that unduly infringe freedom of speech and public debate.
In recent years, several jurisdictions in North America have observed – with concern – the rise in law suits brought by powerful litigants against local or not-for-profit groups opposed to their interests. Community neighbourhood groups are sued by land developers; Aboriginal land-rights groups are sued by mining conglomerates; unions are sued by multinational corporate employers. Though the law suit usually relates to a claim of defamation, copyright infringement or trespass, the ultimate goal of the suit is not to vindicate the legal rights of the powerful litigant. It is, instead, intended to use to the threat and overwhelming costs of litigation to silence or chill out speech which runs contrary to the litigants’ interest. These suits are popularly known as Strategic Lawsuits Against Public Participation (SLAPPs).
Where local or not-for-profit groups are organzing around issues of public importance, the impact of these law suits is to unduly infringe freedom of speech and the limit the quality of political debate in the province. Such an outcome cannot be acceptable in a democratic society that values a diversity of opinion on issues affecting the public interest. Several jurisdictions in the United States and some in Canada have adopted anti-SLAPP legislation to stop this potential abuse of the civil justice system. Recently, the Attorney-General of Ontario has struck a advisory panel to recommend means of achieving this same goal in Ontario.
Read the CCLA’s letter to the Attorney General’s Advisory Panel on Anti-SLAPPs recommending robust legislation to protect Ontarians’ freedom of speech against abusive litigation.
Visit the Attorney General’s website on Anti-SLAPP legislation.
The CCLA recently wrote to the Clerk of the City of Toronto expressing concerns about a City policy that prohibits candidates in the upcoming municipal election from campaigning on City property. Interpreted broadly, this policy may have the effect of prohibiting campaigning on public sidewalks, in public parks and in local community centres. The precise scope of the policy is not clear and has been interpreted in different ways by different City officials. In the CCLA’s view, this policy unduly restricts the right to freedom of expression and, in limiting political speech in the weeks preceding an election, does a disservice to both candidates and voters. In addition, the policy does not appear to be clearly laid out in any law, by-law or guideline and is so open to interpretation that it is questionable whether candidates really know what they are permitted and not permitted to do.
To read the CCLA’s letter to the Toronto City Clerk, please click here.
Two months ago, on June 27, Canadians were taking stock of what happened during the G20 summit in Toronto. Under the Public Works Protection Act, the legal landscape in downtown Toronto was transformed: from excessive use of police force, unconstitutional violations of fundamental liberties, to unlawful arrests and detentions, CCLA believes that events that took place during the G20 summit demand accountability, both from a policing and a governance perspective.
Exactly two months following the G20 weekend, CCLA offers an analysis of what happened during and in the aftermath of the G20, as well as a summary of recommendations and findings, in a new report: “Looking Back, Moving Forward: Two Months After the G20.“
You can also view video round-ups on our YouTube channel, including a message in French from CCLA General Counsel Nathalie Des Rosiers.
24 August 2010 — The G8/G20 Summits in Huntsville and Toronto, Ontario, respectively, resulted in the largest peace-time security deployment Canadian history. The federal government spent C$930-million on security and deployed 5000 RCMP officers and thousands of provincial and municipal police into the streets of Toronto. The provincial government awarded police sweeping powers under the Public Works Protection Act to stop, search and arrest individuals by declaring a large area of downtown Toronto to be a public works for the summit. The impact on civil liberties was immediate and was devastating. 1105 individuals were arrested within 48 hours in Toronto — the largest mass arrest in Canadian history. Of these, only 278 would eventually be charged with a crime (although further post-G20 arrests would raise the number of G20-accused to 301). Countless numbers of protesters, pedestrians and TTC passengers were subjected to arbitrary detentions and forced to submit to police searches. Many individuals spent nights in the Eastern Avenue Detention Centre without access to counsel, in overcrowded conditions and without proper food and water. These violations cannot be forgotten now that the G20 is over. They demand accountability.
The Canadian Civil Liberties Association has been demanding this accountability before, during, and most importantly, in the aftermath of the Summit. In the interests of transparency to our members and the public, below is a selection of the most important correspondence and submissions we have made to elected officials regarding G8/G20 governance and policing. Where a written reply was received, it has also been included.
Read more…
In this podcast, Tony Navaneelan, Acting Fundamental Freedoms Program Director, speaks about the the key legal issues around the G20. From the use of the antiquated Public Works Protection Act to questions about what a systematic review from OIPRD can accomplish, Navaneelan offers critical legal insight.
Tony Navaneelan on RedEye, Vancouver Coop Radio
Click the link above to download and listen to the podcast. Alternatively, you can listen to the podcast directly in your browser by clicking here.
You can also see Tony Navaneelan’s earlier television interview regarding G20 governance and policing with SunTV by clicking here.
|
Stay Up-To-Date
Become a fan of the What's Not Fair project: 
|
