STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION: DEVELOPING A CANADIAN RESPONSE

Abstract

This article chronicles the emergence of the phenomenon of SLAPP suits (Strategic Lawsuits Against Public Participation) in the Canadian context. The article discusses the defining features of these suits, and analyzes how and why they threaten lawful participation in the democratic process. It also considers whether, and to what extent, defendants targeted in such suits should be entitled to Charter protection akin to that available to defendants in American courts under the Bill of Rights. After reviewing anti-SLAPP legislation recently enacted in several American states, the author concludes by offering some law reform principles and proposals for Canada.