City council to be presented with a resolution supporting legislation to prevent attempt to silence comment on public issues.

By Staff

June 29, 2014

BURLINGTON, ON.

The two strongest philosophical liberals on city council have joined forces and put forward a resolution that should have come from the Mayor with the support of Regional Chair Garry Carr.

Meed Ward and Taylor want the province to revive a Private Members Bill that died on the order paper, when the provincial election was called.

When media reported on this form of harassment – parking heavy equipment yards away from a private home; when private citizens commented publicly on what they honestly believed to be work being done at the air park that was damaging to the environment and the public interest and contrary to the city’s by laws and provincial regulation, they were sued for libel.  Many believe the law suits were an attempt to intimidate.

The resolution Meed Ward and Taylor put forward is as follows.

COUNCIL RESOLUTION:  PROTECTION OF PUBLIC PARTICIPATION ACT, 2014 (Bill 83);

WHEREAS Bill 83, Protection of Public Participation Act, 2014 being “An Act to amend the Courts of Justice Act, the Libel and Slander Act and the Statutory Powers of Procedure Act in order to protect expression on matters of public interest” was introduced into the Provincial Legislature in June 2013;

WHEREAS Bill 83 was introduced by the government out of concern that Strategic Lawsuits Against Public Participation (SLAPP), being lawsuits brought before the court by one party against another party or individual as a tactic for silencing or intimidating the other party, are having a chilling effect on public participation on contentious matters of public interest in Ontario;

WHEREAS Bill 83 is intended to protect persons from being subjected to legal proceedings that would stifle their ability to speak out on public issues or promote, in the public interest, action by the public or any level of government;

WHEREAS the ability to engage in public participation forums is the foundation of a democratic society;

WHEREAS there exist a number of high profile environmental issues in the City of Burlington that are of public interest and that have generated a great deal of debate in the community;

WHEREAS City Council is of the opinion that public participation in matters of public interest ought to be encouraged and not discouraged through tactics such as strategic lawsuits against public participation;

WHEREAS provision is made in Bill 83 to amend the Courts of Justice Act  for such SLAPP  legal proceeding to be dismissed at an early stage and for defendants subjected to such proceedings to be indemnified for incurred costs in such proceedings with the potential for additional damages to be awarded in appropriate circumstances;

WHEREAS provision is made in Bill 83 to amend the Libel and Slander Act to state that any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other persons;

WHEREAS provision is made in Bill 83 to amend the Statutory Powers Procedure Act to provide that submissions for a costs order in a proceeding  must be made in writing, unless the tribunal determines that to do so is likely to cause a party to the proceeding significant prejudice;

THEREFORE BE IT RESOLVED THAT the Council of the City of Burlington advise the newly elected Premier of the Province of Ontario, the Honorable Kathleen Wynne and its local members of Provincial Legislative Assembly of its support for the Protection of Public Participation Act, 2014 (Bill 83) and request that the Bill be re-introduced forthwith in the Legislature;

THAT Mayor Goldring be requested to meet with Burlington’s newly elected Member of Provincial Parliament, Eleanor McMahon to encourage the Province to re-introduce the anti-SLAPP legislation; and

THAT the Association of Municipalities of Ontario be requested to support this resolution.

Ward 3 Councillor John Taylor co-sponsored a resolution designed to protect the right of the public to speak on public issues.

It is a fine resolution and it will be interesting to see how this council handles it.  The problem is that it will take months, perhaps years to get much in the way of traction on this at the provincial level, unless Eleanor McMahon, our newly elected MPP has all kinds of clout with the Premier.

The document also feels as if it was written by a lawyer; someone with a vested interest in the SLAPP legislation, which it was.

Anti-SLAPP legislation provides immunity from civil liability for people engaging in legitimate speech and public participation.  It allows for early review and speedy processes to resolve SLAPP suits; reverses the onus so the initiator of the suit must prove, that inhibiting public participation is not the reason for the lawsuit; provides strong and effective disincentives – financial and otherwise – to dissuade potential SLAPP plaintiffs from initiating merit less claims; and suspends governmental spending and approval processes until alleged SLAPP suits are resolved (perhaps the strongest disincentive for property developers).

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