CFE Blog

[Co-written with Andrea Gonsalves and Carlo Di Carlo] In late 2015, the Ontario Legislature identified a problem:  it saw an increasing number of defamation cases in which the plaintiff’s goal was not to obtain compensation, but instead to drag a defendant into interminable and costly litigation as a form of retribution against the defendant for speaking out against the plaintiff.

As local newspapers across Canada are being downsized or shut down and the discussion increasingly turns to addressing the growing problem of fake news (indeed, the U.S. President calls any information he doesn’t like “fake”), there are still local newspapers valiantly determined to inform their communities and to speak truth to power. 

One gets the sense that the Supreme Court of Canada does not have a good feel for free speech questions. It took some time, for instance, for a majority of the Court to acknowledge that legal constraints might ‘chill’ free speech. The Court confidently proclaimed, on more than one occasion, that civil and criminal legal prohibitions should not be expected to deter speakers.

The Free Speech movement at Berkeley in the 1960s is within the memory of many of us. In Canada as in Europe, the 60s saw lasting improvement in the way universities run themselves, along with important reforms in the whole society. There was a push for access, equality, and fairness, a campaign led as much from below (the growing popular sentiment for egalitarian policies in health care and education, for instance) as from above (Lyndon Johnson and the Great Society).

On March 23rd, Parliament passed a motion tabled by Liberal back-bencher Iqra Khalid. The motion differs from a bill in that it has no effect in law; it acts as a suggestion, recommendation, or opinion. It is important to read the actual words of the motion -- the full text of which is: Systemic racism and religious discrimination

Strategic Lawsuits Against Public Participation (“SLAPPs”) are when Big Resources (private or public sector) sue Little Resources (individuals, non-profit organizations) in order to silence them.  If the person or organization being sued (often for defamation) can’t afford to fight the case, they are effectively prevented from speaking out on the subject that got them SLAPP’ed. The case may be weak or even ludicrous, but the merits of the case don’t matter if you can’t afford to defend yourself in court.