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

South Cariboo bags three medals in figure skating competition in Revelstoke

Two girls brought home gold, while the third brought home silver

100 Mile House remembers

Residents of 100 Mile House honour the country’s veterans

B.C. Legions in need of young members to continue aiding veterans into the future

Lest we forget what thousands of men and women did to fight for Canada’s freedoms – but without new membership, many Legion chapters face dwindling numbers

North Coast figure skater to star in Dancing On Ice

Carlotta Edwards learned to skate in Prince Rupert, before becoming a star with millions of viewers

Throw a snowball to help kids at BC Children’s Hospital

Effort will raise money for sick kids over the holidays

Should the legal age for cannabis be increased to 21?

B.C. residents have a more mellow attitude to the age limit for pot – but 23 per cent want the legal age increased

Expect ride hailing in B.C. by 2020, Premier Horgan says

Taxi-style insurance option needed for part-time drivers

B.C. on track to record same number of overdose deaths as last year

128 people died of overdoses in September, bringing the total to more than 1,100 so far in 2018

Canada Post strike having ‘critical’ impact on retailers, eBay tells PM

Canada Post says it is now facing an unprecedented backlog of shipments, largely as a result of strikes

NASA wants Canadian boots on the moon as first step in deep space exploration

The U.S. is seeking broad international support for the next-generation space station to send into orbit a in 2021

B.C. Lions GM Ed Hervey has plan for busy off-season

The Lions’ season ended Sunday with a crushing 48-8 loss to the Hamilton Tiger-Cats in the East Division semifinal

Vancouver Island man survived for ‘days’ trapped in smashed truck

Duncan Moffat, 23, found by hunter by the side of the road near Sayward

Fundraising firefighters complete quest for B.C. Paralympian

The four Penticton residents raising money for Victoria Paralympian complete journey

Most Read