Over 140 groups, including environmental organizations, unions and freedom of expression advocates have signed a petition urging the Ontario legislature to enact strong legislation to prevent the abuse of Strategic Lawsuits Against Public Participation (SLAPPs).

According to a press release from Greenpeace Canada, anti-SLAPP laws have already been implemented in Quebec, a majority of US states (28) and several other countries "to prevent powerful companies and individuals from lodging meritless lawsuits, often for defamation, which are designed not to protect reputation but to silence critics."

These lawsuits "make it more difficult for civil society to act as watchdog of the powerful," curbing freedom of expression by saddling defendants, "often public interest advocacy groups, with with massive legal fees, draining their resources and distracting them from their core work," says Greenpeace.

Shane Moffatt, forest campaigner for Greenpeace Canada, said that "these meritless lawsuits tangle up our courts and waste taxpayers' dollars," and that "it is time to move quickly to protect Ontarians when talking about the issues that matter most to them."

The petition presented to Ontario MPPs has been signed by over 140 groups, including Greenpeace Canada, Canadian Journalists for Free Expression, Council of Canadians, Marineland Animal Defense, and the Centre for Law and Democracy. The petition expresses concern at the increasing use of SLAPPs and denounces it as a form of "legal harassment" by corporations and governments that is a "growing threat to meaningful citizen participation."

The groups stand behind the right of individuals and organizations "to freely express opinions on issues of public interest, including the future of Canada's forests, without fear of lawsuit."

The petition cites "citizens reporting of environmental violations, filing complaints with government agencies, contacting the media, speaking at public meetings, participating at hearings before administrative tribunals or engaging in public campaigns" as among the activities that provoke SLAPPs.  

"Deep pocketed corporations must be prevented from attacking organizations or individuals with abusive lawsuits to shut down public debate," said Maude Barlow, national chair of the Council of Canadians. "They undermine the court system and impose a chilling effect on public debate."

Several of the groups supporting the petition have been targeted by SLAPPs. Greenpeace Canada is fighting a $7-million defamation lawsuit brought by logging giant Resolute Forest Products, donations towards fighting which can be made online. Marineland Animal Defense founder Dylan Powell is facing a $1.5 million SLAPP from Marineland. Both cases are for engaging in public interest criticism.

The issue of SLAPPs being abused came to prominence in Ontario when Big Bay Point residents were hit with a $3.2 million lawsuit by developers.

"Our organizations play a crucial role in shining a light on issues the public would otherwise never be aware of," said Powell, of Marineland Animal Defense. "Unfortunately, case law offers little protection and this legislative void will be used as leverage until anti-SLAPP legislation exists."

"The need for effective anti-SLAPP laws has been proven around the world," said Toby Mendel, Executive Director of the Centre for Law and Democracy and Annie Game, Executive Director of Canadian Journalists for Free Expression. "It is critical that Ontario and other Canadian jurisdictions bring themselves into line with these global developments."

Organizations can sign the petition letter online.

Image Credit: CNW Group / Green News

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Today parliament is set to end debate on the federal omnibus budget bill C-60 — a bill that could prove a serious threat to the Canadian Broadcasting Corporation's (CBC) journalistic independence from the government.

As the Toronto Star points out, buried in the 111 pages of Bill C-60 are "unprecedented provisions that will allow the government to intervene in the collective bargaining and executive salary negotiations of more than 40 Crown corporations," including the CBC.

Yesterday, during debate in the house, NDP MP Andrew Cash said such interference could make life harder for workers in Canada's cultural sector.

"Too often…we have seen the current government reach into cultural institutions and attempt to compromise their independence. In fact, the Conservative cabinet, if Bill C-60 passes, will attempt to dictate rates of pay for non-unionized workers and terms for collective agreements at many cultural agencies, including the CBC and the Museum of Civilization, or as it will soon be called, the museum of Canadian history.

For the Conservatives, it is always a race to the bottom, though, on the environment, on ethics, on transparency in government and, most importantly, on wages. The government is ideologically committed to pushing wages down, breaking unions and privatizing key cultural institutions. This ideology fails the people of Canada…" he said.

Huffington Post Canada reports that the bill would force the CBC to "get approval from Prime Minister Stephen Harper's Treasury Board Committee for any collective bargaining agreement the broadcaster reaches with its employees." It would also give the Treasury Board "power to approve or deny pay and benefits for non-unionized employees."

The bill would also give the government similar powers over the Canada Council for the Arts, the International Development Research Centre and the National Arts Centre in Ottawa. The Huffington Post quotes Liberal MP Scott Brison as saying that the institutions affected by the bill "represent public broadcasting, culture and scientific research, three areas where the Conservatives have been antagonistic."

Since many of the changes Bill C-60 proposes are non-fiscal in nature, it falls to the House of Commons finance committee to examine even the parts of the bill that it has no expertise on. Furthermore, the Toronto Star points out that the committee was given the "impossibly tight time-frame" of four days to hear expert testimony on the legislation's consequences. And as the amendments in question are at the very end of the 111-page bill, they were given little attention in the committee's hearings.

It's clear that this is another move by the Harper government to assert tighter control over the media, even as it faces accusations of muzzling scientists from speaking out about climate change. The Toronto Star reports that some 173,000 Canadians have already signed a petition urging the government to back down and keep the CBC independent.

The Canadian Press writes in the Tyee that several journalists are also appealing to the Canadian public to write to their MPs and demand changes to Bill C-60. Arnold Amber of Canadian Journalists for Free Expression says that the bill could "skew the CBC's news coverage," and urges "the Canadian people to react as quickly as possible to bring the government to its senses."

The NDP has said that they will table an amendment to exclude the CBC from the bill, "in response to the concerns of Canadians, journalists, unions, civil society and CBC's management, who all feel that Bill C-60 threatens the independence of CBC and violates the Broadcasting Act."

NDP Heritage critic, Pierre Nantel, has called out the bill as "problematic for all Crown corporations, but…particularly critical for a broadcaster that must absolutely remain independent from the government." Nantel challenged the Harper government's need for such brazenly dictatorial tactics, asking, "What do the Conservatives have to hide? Why does the government want to dictate the working conditions of media employees?"

As Nantel observes, if the Conservatives have nothing to hide, they'll accept the NDP's amendment to protect the CBC's independence. In the meanwhile, there's still time for the public to add their voice to petitions both offline and online.

Image Credit: Liam Richards / Flickr

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.