Tuesday, June 4, 2013

By Lucianna Ciccocioppo

Dean Mayo Moran was part of a Ministry of the Attorney General announcement today, and played an integral role in recommending a proposed bill to protect freedom of speech and public participation while preventing nuisance litigation to deliberately tie up matters in court.

In a media conference at the Faculty of Law, Attorney General John Gerretsen announced the Ontario government’s Protection of Public Participation bill.

“We live in a fair and democratic society, and we believe that this law will provide a balanced approach that recognizes both the right to public expression and the importance of protection of reputation,” said Gerretsen.

If passed, the legislation would allow the courts to quickly identify and deal with strategic lawsuits, commonly known as SLAPPs (Strategic Litigation Against Public Participation). They are used to curtail expression on public interest matters, such as environmental issues. It includes “a fast-track review process for lawsuits alleged to be strategic, rather than a legitimate defamation claim.” And a request to dismiss would have to be heard by the court within 60 days.

“Public participation is vital to a flourishing democracy,” said Dean Moran, who chaired the experts’ advisory panel on this matter. It included media lawyer Brian MacLeod Rogers, and Peter Downard, partner, Fasken Martineau in Toronto. “I am very pleased that the Government of Ontario is committed to creating conditions for a robust debate on issues of public importance.”

The panel, formed in 2010, concluded after extensive consultations that strategic lawsuits could potentially have a negative impact, deterring substantial numbers of people from speaking out on public issues. The panel recommended anti-SLAPP legislation.

Watch today's announcement on our YouTube channel.

Read the coverage in the Globe and Mail, and The Star.