SLAPP suits across Canada

This short little article will focus mainly on some facts, or statistics about the presence of SLAPP suits in Canada.

First off, SLAPP suits are not allowed in the province of Quebec [1]. This is the only province that has attained anti-slapp legislation, even though many other provincial governments have brought up the subject on multiple occasions. Ontario is also following them in this legislation [2], and it seems as though they are going in a positive direction towards attaining anti-slapp suit legislation. Other provinces and territories throughout Canada do not have protection against SLAPP suits, or any current considerations for anti-slapp suit legislation, with the exception of grassroots groups. As said in one of our previous articles, British Columbia came close in attaining anti-slapp suit legislation, but it fell through with the end of Ujjal Dosanjh’s government, and the emergence of the Liberal government. It will be interesting to see how the situation in Ontario ends up, and whether or not British Columbia and other provinces or territories will follow Quebec in introducing this legislation.

[1] http://burnabypipelinewatch.ca/content/petition-protect-public-participation-stop-slapp-suits
[2] ibid.

SLAPP suits and Corporate Responsibility

The government of Canada website defines corporate responsibility as “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”[1]

The question is, how can these corporations be responsible for their actions when they can run amok without any consequences? There are some corporations that do follow these rules, but many find alternative methods of doing business, through SLAPP suits, ignoring environmental concerns, and lobbying.

Regarding SLAPP suits, corporations do not need to be responsible for their actions while they remain intact. These SLAPP suits can simply just silence groups or individuals from voicing their concerns, thus allowing these corporations to do what they want when they want. If “fighting corruption and promoting good business practices at an international level”[2] is a primary objective, then SLAPP suits do not fit into that mentality.

[1] http://www.international.gc.ca/trade-agreements-accords-commerciaux/topics-domaines/other-autre/csr-rse.aspx?lang=eng
[2]ibid.

History of SLAPP suits in British Columbia

Slapp suits began to gain notice in BC around 1992, when "MacMillan Bloedel Limited, a large multinational forestry corporation” sued "Galiano Conservancy Association (the Conservancy), a local elected governing council (the Council)”. During that time, the Sierra Legal Defense Fund helped Galiano Conservancy Association. At the end of the settlement, the plaintiff had to pay Galiano. In the late 1990's and 2000’s, grass roots organizations began to campaign anti-slapp suits. Bill 29,  which was called the Protection of Public Participation Act (PPPA). However, once the Liberal’s came to power, Bill 29 quickly was lost.

A quick timeline:

1992- Slapp suits started to happen during the time of , when "MacMillan Bloedel Limited, a large multinational forestry corporation” sued "Galiano Conservancy Association, a locally elected governing council” (Scott and Tollefson, 47). During that time, the  Sierra Legal Defense Fund helped the Galiano Conservancy Association (Scott and Tollefson, 47).

In the late 1990s and 2000’s-  Grass roots organizations began to campaign anti-slapp suits. Bill 29 was created which was called the Protection of Public Participation Act (PPPA) (Scott and Tollefson, 49)

2001- However, once the Liberals came to power, Bill 29 quickly was lost. The slapp suits are still an issue in BC to this day. Activists and protesters are not  getting help from the government.

Written by: Inderpal Brar

Alan Dutton Interview- Audio Transcript

Check out our audio transcript interview with Alan Dutton here!

Interview with Alan Dutton- (Part Two)- #stoptheslapp

Here is part two of our interview with Alan Dutton. You can see part one here.

4. Who are the stakeholders that are getting involved?-

When we began this campaign, I was charged with a 5.6 million civil suit. It was alleged that I conspired to organize assaults, trespass, activities to trespass the law. There was no evidence whatsoever though. I was lumped into these activities. My position was we should follow rule of law, and yet I was named as one of the five defendents in this case. Some people settled early, but I wouldn't accept a discontinuance. I fought kinder morgan in court, but I lost due to the rules of court. There were simple rules that gave power to kinder morgan over me. How can any individual afford tens of thousands of dollars to defend in court? My job, and my current my work is to further this campaign against SLAPP suits. That means drawing attention to present lawsuits, We’ve been speaking to unions such as the BC federation of labour, and members of the NDP. I am very positive, and I feel that this movement is going in a positive direction. We need a petition, and we need to get get everyone involved, including universities and unions

2. If you could say one thing to the public about this issue, what would it be?-

SLAPP suits present a clear and present danger to democratic rights.

3. Do you think that if there was an abject focus on local green companies, would it be any different? Why and how?- 

Smaller companies that are in tune with the issue the need for renewable energy and climate change would to be able to change their models to reflect needs of the people in their community. We currently have corporations that are abusing the law. They are buying governments and pushing their way through. Those corporations do not care about the local environment. Canada is giving tax breaks to oil companies in Texas, which is ridiculous. Many countries, such as China are leading the way in renewable energy companies, and Canada can do just the same.

4. How can individuals promote green jobs and the green economy while corporations keep tying them down?-

My argument would be that the corporations are buying governments. Government tax breaks to corporations are leading to issues for local, renewable energy companies. It is really clear that we need a change in government that focuses on OUR needs, Not a government that is bought off by corporations.

Special thanks to Alan for taking part in this interview. An audio transcript of our interview will be up soon as well.

Twitter: http://twitter.com/nopipelines

Interview with Alan Dutton (Part One)- #stoptheslapp

Here's the first of a two part interview with Alan Dutton. We talk about SLAPP suits, corporate responsibility, the green economy, and other similar subjects.

1. Can you explain more about what a SLAPP lawsuit is?-
Strategic litigation against public participation (SLAPP). It represents a clear and present danger against our democratic rights. It is usually launched by big corporations to stop people from protesting, especially upon public issues. This is very dangerous, and we need to have law reform to stop these types of lawsuits from suppressing our rights.

2. What is your opinion about corporate responsibility- 

Corporations are so powerful, and there is so much money involved. There is a clear responsibility to listen to people, and to see the environmental issues that are occurring from their actions, but what is happening is that these corporations are running amok. They are buying elections and political parties, and by doing so, they are bypassing the democratic process. This is compounded by bill C-51 and SLAPP suits. These bills, and these corporations are using the law to curtail our rights.

3. What are your thoughts on Bill C-51 and Bill C-639- 

With Bill C-51, there is a huge collection of recommendations. If passed, it will have a dramatic effect on everyone's rights under law. Firstly, it will increase role of CSIS (one of the intelligence agencies in Canada). It will give power to CSIS to intervene in the lives of ordinary individuals. Another one is the rights of the RCMP to hold individuals for indeterminate times without a proper cause. They will investigate individuals without proper oversight. The big issue is that there should be parliamentary oversight. We need to elect people to govern, and have parliamentary oversight . Most countries have a form of parliamentary oversight over intelligence agencies, and so we’re far behind these countries (US, New Zealand, Australia). In terms of parliamentary oversight. ours is extremely right-wing, and has crossed the line in terms of oversight over intelligence gathering.

4. Tell us a bit more about yourself, and your role right now- 

I'm working with Kwantlen regarding law reform. We are looking to discuss a change of legislation in rules of the courts, so judges can identify whether or not litigation is in the form of a SLAPP suit, or if it's legitimate. If court rooms are preventing reform, and if corporations try to suppress rights, there must be penalties. We can't allow corporations to run amok. We can't have persecution on free speech. Now, in terms of what I'm doing. In the early 1990's, there was anti-SLAPP legislation brought in by Ujjal Dosanjh. As soon as the liberals were elected, the legislation was lost. Other provinces such as Quebec have legislation to stop SLAPP suits, but in BC, we have another right-wing government. We hope they will enact legislation that will stop SLAPP suits, and we are also hoping that the liberal government of BC will agree for the need for law reform. I doubt they will though. If the government does not pass anti-SLAPP legislation, we have to wait for a government that will enact anti-SLAPP legislation. My role is to create a provincial campaign to show people the need for anti-SLAPP legislation. I want to make everyone see the issue. Through education, Kwantlen and the anti-slapp suit movement will help try to stop the issue of SLAPP suits in our society.

Stay tuned for part two of our interview!

The Future is in our Hands. #stoptheslapp

Interview with Alan Dutton (Preview)

We recently had an interview with Alan Dutton, who has been a vocal activist in the Kinder Morgan pipeline debate, as well as SLAPP lawsuits in general. We spoke about SLAPP suits, the green economy, as well as what Alan is looking towards in the future. We will have that interview up within the next couple of days!