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

Vehicle crashes over embankment in Penticton

Emergency responders are on scene after a vehicle went over an embankment along Carmi Avenue.

Children’s Showcase asks: Can you help Santa save Christmas?

Dufflebag Theatre invites audience into ‘Twas the night before Christmas

Share-a-Smile Telethon ends with over $63,000 raised.

The fundraising event saw a wide variety of performers and a packed audience for the five hour drive

Penticton Chamber Theatre coming to Summerland

The Penticton Chamber Theatre company is straying outside the city to bring… Continue reading

Penny has been found!

Carolyn Hawkins located the missing pooch in the Uplands Court area of Penticton

Your morning news in 90: Nov. 19, 2018

Tune in for 90 seconds to get the top headlines for the Okanagan, Shuswap and Similkameen.

UPDATE: Death of 38-year-old Fernie man at B.C. coal mine under investigation

Vehicle collision occurred at approximately 10:45 a.m. Sunday morning

Breathing polluted air during pregnancy may increase odds of baby having autism: SFU study

Study looked at nearly all births in Metro Vancouver between 2004 and 2009

Six students arrested, charged in sex assault probe at Toronto all-boys school

The school’s principal, Greg Reeves, described the video of the alleged sexual assault as ‘horrific’

Bankruptcies in British Columbia on the rise

Consumer bankruptcies climbed by 6. 1 per cent in August 2018 from the same month last year.

22 public toilets in Victoria: 136 people currently peeing

World Toilet Day floats some serious health issues

Calgary Stampeders back to Grey Cup with 22-14 win over Winnipeg Blue Bombers

Calgary was favoured to win the 2017 and 2016 Grey Cups, but lost to the Toronto Argonauts and Ottawa Redblacks respectively.

‘A giant step forward’: new $10 bill featuring Viola Desmond to enter circulation

A new $10 banknote featuring Viola Desmond’s portrait will go into circulation, just over 72 years after she was ousted from the whites-only section of a movie theatre in New Glasgow, N.S.

Searchers in California wildfire step up efforts; 77 dead

Trump arrived at the oceanside conclave Saturday afternoon after visiting Northern California to survey the wildfire damage in the town of Paradise.

Most Read