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A recent change to legislation proposed by Ontario Premier Kathleen Wynne's Liberal government to stop frivolous defamation lawsuits will leave anyone currently burdened with one out in the cold. The change benefits Wynne's own position as a plaintiff in a pending defamation suit against Tim Hudak, and comes after lobbying efforts by a corporate plaintiff in another pending defamation suit who donated to the Ontario Liberal party and to Wynne's leadership campaign.
The government has removed retroactive protection from its Protection of Public Participation Act, which if passed will allow Ontario’s civil courts to dismiss lawsuits that impact a legitimate freedom of expression in the public interest. So-called strategic lawsuits against public participation (SLAPP) - or defamation suits that claim massive damages in order to shut people up - should be legislated against in the province, according to a 2010 provincial advisory panel and everyone who has ever been hit with one.
When Wynne's then Attorney General John Gerretsen first introduced the proposed legislation in 2013, it sought to protect all expressions in the public interest against SLAPPs, whether or not any related legal proceedings commenced before the bill became law. The new version of the bill, put forward by Wynne's new Attorney General Madeline Meilleur after the original bill died when an election was called last year, does not afford retroactive protection.
We asked Wynne's office why the government made the change. They claim two main reasons, "and no others," informed their decision. A Wynne spokesperson:
A recent change to legislation proposed by Ontario Premier Kathleen Wynne's Liberal government to stop frivolous defamation lawsuits will leave anyone currently burdened with one out in the cold. The change benefits Wynne's own position as a plaintiff in a pending defamation suit against Tim Hudak, and comes after lobbying efforts by a corporate plaintiff in another pending defamation suit who donated to the Ontario Liberal party and to Wynne's leadership campaign.
The government has removed retroactive protection from its Protection of Public Participation Act, which if passed will allow Ontario’s civil courts to dismiss lawsuits that impact a legitimate freedom of expression in the public interest. So-called strategic lawsuits against public participation (SLAPP) - or defamation suits that claim massive damages in order to shut people up - should be legislated against in the province, according to a 2010 provincial advisory panel and everyone who has ever been hit with one.
When Wynne's then Attorney General John Gerretsen first introduced the proposed legislation in 2013, it sought to protect all expressions in the public interest against SLAPPs, whether or not any related legal proceedings commenced before the bill became law. The new version of the bill, put forward by Wynne's new Attorney General Madeline Meilleur after the original bill died when an election was called last year, does not afford retroactive protection.
We asked Wynne's office why the government made the change. They claim two main reasons, "and no others," informed their decision. A Wynne spokesperson:
1. Fairness to litigants already before the court: The government changed the application provision from the previous legislation on the principle that it was fair to people who started litigation to have recourse to the rules in force at the time the lawsuit was initiated rather than have the rules change in mid-process. While this was not something that was contemplated prior to the initial introduction, retroactive rule-making (as a matter of procedural fairness) is generally not something that is seen favourably by courts and legislatures.
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Wynne Waters Down own Bill, Benefiting own Libel Suit | CANADALAND
