B.C. Attorney General David Eby (Hansard TV)

B.C. moves to protect public debate from ‘strategic’ lawsuits

Deep-pocketed special interests can silence opponents, David Eby says

The B.C. government is moving to prevent ‘unfair’ lawsuits designed to intimidate or prevent people from taking part in public debates.

Attorney General David Eby presented the Protection of Public Participation Act in the B.C. legislature Tuesday, saying it won’t be debated until next fall to give the public time to study it. The legislation restores a provision that was briefly in effect in 2001, and is similar to recent Ontario legislation protecting freedom of speech, he said.

“Lawsuits that serve to silence and financially exhaust those exercising their right of expression exploit our legal system and serve those with significantly deeper pockets,” Eby said.

The new law would allow a defendant to apply through an “expedited process” to have a lawsuit dismissed on the basis that it interferes with free speech on a public issue. It would be up to the plaintiff to convince a judge that harm from the speech would outweigh the public interest in protecting it.

“Previously the person who was sued had to show that the person who was suing them had a bad intent, that their intent was to silence them,” Eby said. “It’s a very difficult thing to prove unless you have an email or a witness who says the person told them that that’s what their intention was.

“This bill shifts it so the person who’s being sued only needs to show that the effect of the litigation is that their expression on a matter of public interest is affected.”

The bill allows people to apply for dismissal in a case that is already ongoing, which is why its passage is being delayed until fall, Eby said.

The government doesn’t have statistics on the number of “SLAPP” (strategic lawsuit against public participation) cases there are, because many are threatened but not acted upon, he said.

Meghan McDermott, staff counsel for the B.C. Civil Liberties Association, said the change is overdue.

“People have been sued for speaking at public meetings, for protesteing and even for circulating petitions,” McDermott said.

Just Posted

Motor vehicle incident on Mount Washington road involving a motorcycle

Emergency personnel have been called out to the scene of a motor… Continue reading

Bylaw rescinded after vacation rental owners express concerns

Concerns included a lack of consultation

Get ready for a week of sunshine across Vancouver Island

Environment Canada is forecasting temperatures in the high teens all this week

B.C. students send books to displaced students of Hornby Island school fire

Maple Ridge elementary school teacher says students learned about acts of kindness

North Island Tour De Rock rider Benjamin Leah leads team to Port Hardy

“You don’t have issues and problems when you look at these kids and how much they’re going through.”

Video: Flyers new mascot ‘Gritty’ a bearded, googly-eyed terror

The Philadelphia Flyers unveiled their new mascot Monday, and as one would expect of the team that gave us the “Broad Street Bullies,” he’s far from cuddly.

Harvest Moon to light up B.C. skies with an ‘autumn hue’

It’s the first moon after the autumn equinox

Hockey league gets $1.4M for assistance program after Humboldt Broncos crash

Program will help players, families, coaches and volunteers after the shock of the deadly crash

Canada has removed six out of 900 asylum seekers already facing U.S. deportation

Ottawa had said the ‘overwhelming majority’ had been removed

Appeal pipeline decision but consult Indigenous communities, Scheer says

The federal appeals court halted the Trans Mountain expansion last month

B.C. electric vehicle subsidy fund drains faster than expected

Province adds another $10 million to incentive fund

Wendy Morin running for seat on Courtenay council

Over 100 people braved torrential rain for Wendy Morin’s campaign launch at… Continue reading

Eric Krejci running for a seat on Cumberland council

It is with a keen sense of privilege that I have put… Continue reading

Most Read