Naqvi announces legislation to stop frivolous lawsuits

Ottawa Centre MPP Yasir Naqvi announced today his plan to introduce legislation to protect citizens and community groups working in the public interest from meritless lawsuits.

The bill will allow healthy debate in neighbourhoods throughout the province, said Naqvi, and allow for the public speech necessary in a democratic society.

“I am a big believer in community advocacy and public participation,” he said, “and I will work hard to get this legislation passed to enable the protections Ontarians deserve when speaking out on issues that concern their community.”

Frivolous lawsuits, dubbed Strategic Litigation Against Public Participation, or SLAPPs, are used to keep individuals quiet and to deter others from speaking out.

Don Stewart of the Federation of Urban Neighbourhoods (Ontario), an umbrella group for community organizations, said these lawsuits prevent people from volunteering and can be a serious financial threat.

“Volunteers in community groups face enough financial challenges when defending community interests without the threat of being sued by a deep-pocketed business,” he said. “Just paying a lawyer to defend you can represent a significant personal expense which would be a major deterrent to getting involved.”

Naqvi will bring the Protection of Public Participation Act, 2012 to Queen’s Park on Monday, Oct. 15. Similar legislation already exists in Quebec and British Columbia.

Naqvi’s bill follows through on an election promise made to Ottawa Centre. It aims to create specialized tests to help courts recognize and dismiss a SLAPP and order the appropriate remedies for costs.

In 2010, an “Anti-SLAPP Advisory Panel” was created to consult on what the legislation could look like. Naqvi said his bill takes their recommendations and translates them into legislation.

“As a lawyer, I know litigation is no fun. Anyone who’s been engaged in a lawsuit or threatened with one knows it’s extremely stressful,” said Naqvi. “Lawsuits should only be on matters with legitimate cause.”

He said he looks forward to a robust debate in the Ontario Legislature and sees no reason why any political party would stand against legislation that encourages community participation.