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

More funding for Harrison tourism projects on the horizon

Village could see increased funding by 2020

Most cows saved during massive fire on Agassiz farm thanks to fast work of farmers, neighbours

Agassiz Fire Department responded to late night call Wednesday

Risk of thunderstorm this afternoon for Vancouver Island and Lower Mainland

A special weather statement calls for heavy rain and wind over the next 48 hours

Chilliwack steps up to the plate and brings music and dance Provicials to town to prevent lag

Sponsors are needed to help knock the 2019 Provincials out of the park

Massive fire destroys Agassiz dairy barn

Reports say at least one cow died in the blaze

Ottawa area residents take stock of tornado rubble as Ford tours the ruins

A tornado on Friday afternoon tore roofs off of homes, overturned cars and felled power lines in the Ottawa community of Dunrobin and in Gatineau, Que.

School, church and old mining site make Heritage BC’s 1st ever ‘watch list”

The list includes sites in need of protection to maintain B.C.’s culture and history

5 to start your day

Maple Ridge students send books to fire-destroyed school, teen stabbed in Surrey park and more

Yowza! Twerk, emoji and facepalm are added to Scrabble dictionary, OK?

Merriam-Webster has announced 300 new words have been added to the spelling game

LGBTQ activists, allies in Victoria counter anti-SOGI protest with rally of their own

Lower Mainland activists plan to protest SOGI on legislature lawn, Sept. 29

Three people attacked on Queensborough Bridge

Man in custody following incident occurred Sunday

Cities make power play for new fiscal order with eye to 2019 federal election

Trudeau ordered Champagne to talk with provinces and territories about ways to “address the timeliness of the flow of funds” to projects.

Trudeau arrives at United Nations, hoping to re-establish Canada on world stage

Trudeau is beginning his day at the opening of the Nelson Mandela Peace Summit, where he’s scheduled to deliver brief remarks later this afternoon.

B.C.’s FATSO peanut butter to appear on Dragon’s Den

The Victoria company will be featured on the Sept. 27 episode of the popular show highlighting Canadian businesses

Most Read