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

Tommy Chong says cannabis legalization makes him proud to be a Canadian

Legendary marijuana advocate and comedian celebrates cultural milestone at Kelowna event

Science teachers converge on Kelowna for conference

Exposing new instructional classroom tools for science teachers

Former Vernon man guilty of Japanese exchange student’s murder

Natsumi Kogawa was found at empty heritage mansion shortly after she was reported missing in 2016

RCMP’s weekly most wanted

Vernon-North Okanagan RCMP are looking for four people wanted on various, outstanding warrants

Contenders to return for Okanagan tour

Valdy, Gary Fjellgaard and Blu and Kelly Hopkins will perform at six venues

Cough cough: Kelowna MLA gets flu shot to prep for the cold season

Steve Thomson got his flu shot from Lakeside Medicine Centre Friday

B.C. tickets win big in Lotto Max draw

Jackpot carried over; B.C. tickets share Max Millions prizes

‘Mom, I’m in trouble:’ Canadian faces 10 years for alleged graffiti

Brittney Schneider, another tourist caught spraying message on walls of Tha Pae Gate in Thailand

Feds consulting on national anti-racism strategy behind closed doors

Heritage Minister Pablo Rodriguez says people still face systemic racism in some communities

Black trucks figure prominently in Shuswap thefts

Chase RCMP investigating stolen vehicles from several communities

Enbridge aims for mid-November to finish B.C. pipeline repair after blast

A natural gas pipeline that ruptured and burned near Prince George caused an explosion and fireball

How to get government cheques if Canada Post staff go on strike

The Canadian Union of Postal Workers said members could go on rotating strikes as early as Monday

Anti-SOGI school trustee files defamation lawsuit against BCTF president

Barry Neufeld says Glen Hansman’s words caused him “indignity,” “personal harassment,” and “anxiety”

Most Read