Province Works to End Strategic Lawsuits That Stifle Free Speech
Today Ontario passed an act that
protects freedom of speech on matters of public interest.
The Protection of Public
Participation Act, 2015 will allow the public to participate more freely in
public discussions without fear of retribution by giving them a better way to
defend themselves against strategic lawsuits, commonly known as SLAPPs
(Strategic Litigation Against Public Participation). The threat of a strategic
lawsuit, which can be lengthy and expensive, is often used as a means to
intimidate or punish opponents and discourage others from speaking out.
The new act, which will become law
in Ontario upon Royal Assent, contains a number of elements that will reduce
the risk of citizens being threatened with legal action when speaking out on
matters of public interest, including:
- A new fast-track review process that will allow the courts to quickly identify and deal with strategic lawsuits
- New protections for individuals from defamation lawsuits when their concerns are reported to the public through a third party, such as a blogger or a reporter
- Faster and less expensive procedures at boards and tribunals that will allow parties to make written submissions about legal costs instead of making submissions in person.
Improving access to justice supports
the province's strategy to build Better Justice Together, a commitment to make the
justice system simpler, faster and less expensive for all Ontarians, and is
part of the government's plan to build Ontario up. The four-part plan includes
investing in people's talents and skills, making the largest investment in
public infrastructure in Ontario's history, creating a dynamic and innovative
environment where business thrives, and building a secure retirement savings
plan.
Quick
Facts
- The majority of strategic lawsuits are filed in court as claims of defamation (libel or slander), have little or no merit, and are often dropped before proceeding to trial.
- The Protection of Public Participation Act, 2015 is based on extensive stakeholder consultations and the consensus recommendations of an expert advisory panel to provide a faster, more efficient process to address strategic lawsuits and provide greater clarity for the parties involved.
Background
Information
Quotes
“I am pleased to see our government
play a leading role in ending litigation that stifles free speech. This law
embodies the values of justice, fairness and equality—all hallmarks of our
great nation—by allowing citizens to speak out on public issues without fear of
retribution.”
Madeleine Meilleur
Attorney General
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