Anti-SLAPP law needs to be passed
Timing couldn't be better with start of new council term
YorkRegion.com
Dec. 3, 2014
Transparency.
Accountability.
These two words were uttered and heard repeatedly during the 2014 municipal election campaign.
It’s these fundamental qualities you have said you most desire and demand from your municipality and its council, according to the many conversations York Region Media Group journalists had with voters from Vaughan to Georgina since election races ramped up last January.
And it was what our Community Links panels across the region said, overwhelmingly, is the No. 1 issue that should be part of any municipal agenda.
Without politicians at all levels of government upholding the fundamental responsibilities of maintaining openness and participation with citizens, we run the risk of destroying our democratic process.
That’s why it’s encouraging news that the province this week will reintroduce legislation to protect citizens’ freedom of expression and take steps to defend the rights of those who speak out on matters of public interest, according to a media release Monday.
Residents must have the right, the ability and the freedom to question municipal decisions without fear of retribution.
Citizens need to know they won’t be dragged through the court system by politicians who want to use their positions to silence public criticism.
If passed, the Protection of Public Participation Act would give Ontario courts a more effective process for identifying and dealing with strategic lawsuits, according to the Dec. 1 announcement.
Attorney General Madeleine Meilleur summed it up succinctly: “Using a strategic lawsuit to silence an opponent is not only an unfair way to win an argument, but an undemocratic restriction on freedom of expression.”
Indeed.
York Region was witness to the SLAPP (Strategic Litigation Against Public Participation) legislation in Aurora several years ago. It was a long, drawn-out and messy affair when former mayor Phyllis Morris tried to force her opponents via an expensive lawsuit from publicly speaking out against her.
And they are a waste of public time and money.
According to studies, a majority of strategic lawsuits filed in court as claims of defamation have little or no merit and are often dropped before trial.
In 2013, for example, a Toronto court awarded $21,275 in legal costs to Aurora’s Richard Johnson and former councillor Bill Hogg in connection with Morris’ $6-million defamation suit, which was discontinued Oct. 17, 2011.
It was the first time in Ontario a court has expressly stated a case was initiated to stifle public participation.
The fact the court ruled an elected official engaged in SLAPP litigation is a first for Canada as well, the defendants’ lawyer said at the time.
For anyone who cares about free speech, this anti-SLAPP legislation is a hugely important matter and one that ensures residents can speak freely without being hit with the high, often prohibitive costs of unjust lawsuits.
You don’t have to venture far to find other examples of what might be considered SLAPP litigation.
Also in 2013, former Georgina mayor Rob Grossi launched a $125,000 municipally funded lawsuit in response to a pair of letters written by a former staff member.
The lawsuit was eventually dropped, with the town picking up the bill.
With inaugural council meetings being held across York Region this week to swear in new politicians, this important piece of legislation couldn’t come at a better time.
SIDEBAR
Attorney General Madeleine Meilleur summed it up succinctly: “Using a strategic lawsuit to silence an opponent is not only an unfair way to win an argument, but an undemocratic restriction on freedom of expression.”
