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.
