CANADIAN ANTI-SLAPP LAWS IN ACTION
Strategic lawsuits against public participation (SLAPPs) are a pernicious problem affecting freedom of expression and public participation. To help combat this problem, Ontario enacted anti-SLAPP legislation in 2015. British Columbia followed suit in 2019. This article presents results of a qualitative study of lawyers’ experience with anti-SLAPP litigation in Ontario and British Columbia. I interviewed 15 litigators familiar with these motions. Most had a positive view of the new legislation. However, they also revealed several reasons for concern, including the motions being slow and expensive, and providing new tools for strategic litigation. This study provides food for thought for parties, litigators, courts and any province considering enacting similar law.
Keywords:SLAPPs, defamation, anti-SLAPPs, media law, Ontario, British Columbia, comparative law, freedom of expression, litigation “in action”, qualitative research, Practitioners, law in practice
Copyright (c) 2022 The Canadian Bar Foundation
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.