Bill 99 : prevent SLAPP

The Minister of Justice Jacques Dupuis, filed on June 13 a bill amending the Code of Civil Procedure to prevent the misuse of the courts (SLAPP: Strategic Lawsuit against public participation). Les Éditions Écosociété can only welcome this initiative to guarantee freedom of expression and to promote equitable access to justice for all citizens. Bill 99 (PL99) does not, however, explain what would happen to pending cases, and therefore requires certain clarifications and improvements.

Among the positive points, it is noteworthy that the PL99 includes provisions allowing courts to declare that a claim is unfair, to impose sanctions on the party deemed abusive or even declare the inadmissibility of such proceedings. Thus, in cases where one party argued the claim to be an abuse, the complainant party would bear the burden of proof and would have to demonstrate that the lawsuit is not abusive. In the same way, PL99 should allow the courts to order the payment of a reserve of contingencies or order the abusive party payment of punitive damages. Les Éditions Écosociété believe that all these provisions are in line with their demands and are an encouraging step for the defence of freedom of expression.

The bill must be improved

We believe it is essential to clarify or improve certain aspects of PL99, which contains certain flaws or aspects to improve. First, it is not clear what the time frame would be for the judge to declare a claim abusive. It does not take into account the cases where, without necessarily having recourse to the legal system, some companies send formal notices announcing the intention to file an abusive lawsuit , reducing to silence groups or forcing them to self - censorship. Above all, we believe it is absolutely essential to integrate to PL99 explicit provisions with regards to the application of the law to pending cases.

Let’s mobilize!

Nothing is definite yet and it is necessary to remain vigilant and mobilized throughout the process which will lead to the adoption of this bill, we hope as soon as possible. We must ensure that PL99 is not butchered in parliamentary committee or the House, but rather ameliorated in order to guarantee the right of every citizen to take part in public debate.

Écosociété at the National Assembly

This fall, some thirty groups will participate in a public consultation of the National Assembly of Bill No. 99 during a detailed analysis in a Parliamentary committee. Écosociété will have the opportunity to be heard and to propose amendments to the bill during its hearing on October 7.

For the detailed schedule of hearings:
http://www.assnat.qc.ca/fra/38legislature1/commissions/ci/index.shtml

To view the bill in its entirety:
http://www.assnat.qc.ca/fra/38legislature1/Projets-loi/Publics/08-f099.h...