The Ontario legislature struck a blow for freedom of speech last week when it passed an act that bans anti-SLAPP lawsuits.
Bill 52, the Protection of Public Participation Act, will allow citizens to participate freely in public discussions without fear of facing lawsuits commonly known as SLAPPs (strategic litigation against public participation).
SLAPP suits are usually filed as defamation suits (libel and slander) and are often to intimidate and discourage the public from speaking out on issues of public interest that result in costly legal fees and trials that can drag on for years and leave the defendant deep in debt.
The new act, passed on Oct. 28, will become law in Ontario once it receives royal assent.It will reduce the risk of residents being threatened with SLAPP suits by creating a faster review process that allows the courts to identify and deal with strategic lawsuits in months rather than years.
A new procedure will also be available in Ontario’s civil courts that will let a defendant request a special motion for the claim to be dismissed because of its negative impact on freedom of expression.
Mike Schreiner, leader of the Green Party of Ontario, says that the Liberals removed retroactive SLAPP protections in the initial legislation that now need to be replaced. This provision allowed citizens who were faced with SLAPP suits in the past to get retribution for their losses.
“We all agree now and have voted for legislation that says these lawsuits are wrong,” says Schreiner. “Why not make them retroactive to protect those citizens who are currently before the courts and who are facing financial ruin in the face of companies with deep pockets?”
Ottawa Centre MPP Yasir Naqvi drafted the original legislation as a private member’s bill in 2012. Naqvi says including a retroactive provision would be an aggressive move that isn’t necessary.
“Those who may have taken action before won’t have the hindsight of a law that may come in the future, and that may have an impact,” says Naqvi, a Liberal.
David Sterns, vice-president of the Ontario Bar Association and a member of an anti-SLAPP working group, says that the legislation is beneficial to the public.
“As an organization representing lawyers, it’s important that we try to ensure that the legal system is open to people who have legitimate grievances,” says Sterns. “But at the same time, we also have to make sure that people who use the litigation system improperly or for improper motives are shut down quickly and affordably, and that’s what this law does.”
According to Sterns, SLAPP lawsuits can cause significant and unjustifiable damage, leaving many families broke by the end of the trial.
“I’ve seen people who have been the targets of these kinds of lawsuits and it’s not an exaggeration to say that it ruins lives.”
Ontario and Quebec are the only provinces that currently have anti-SLAPP legislation. British Columbia had legislation come into effect in 2001 but it was repealed that same year. Nova Scotia also had a private members bill introduced in 2001, but it did not progress beyond first reading.
Naqvi hopes that Ontario’s new legislation will inspire other provinces to follow in its footsteps.
“I really hope that people will look at my private member’s bill and the government bill as a progressive and constructive way of strengthening our communities.”