A bill created to protect people from legal consequences if they speak out on matters of public interest has passed its third and final reading before becoming law in the NWT.
MLAs voted unanimously in favour of the bill on the floor of the territory’s legislature on Wednesday.
The bill – officially called the Prevention of Proceedings that Hamper Expression on Matters of Public Interest Act – must receive assent from the Commissioner of the Northwest Territories as a final formality before it becomes law.
Mackenzie Delta MLA George Nerysoo introduced the private member’s bill in March at the request of a constituent, Tsiigehtchic Elder Lawrence Norbert.
In April, Norbert told a committee of MLAs that many people – himself included – learned to keep quiet and “not to rock the boat” in residential school, or else they would be punished.
Advertisement.
Advertisement.
“The legacy of silence still impacts many of our communities today,” he said at the time, alleging some leaders have used that to silence critics and suppress debate.
“We are finally finding our voices. We cannot allow lawsuits to take them away.”
Speaking in the legislature on Wednesday, Nerysoo said the cost of defending lawsuits can discourage people from speaking out, “even when the claims against them have little merit.”
What the bill does
The legislation in Nerysoo’s bill is known as an anti-SLAPP law.
Advertisement.
Advertisement.
SLAPP stands for “strategic lawsuits against public participation,” described as threats of legal action intended to intimidate and silence critics by burdening them with costs and time-consuming litigation.
Similar laws have been enacted in Ontario, British Columbia, Quebec and Manitoba.
“Under this bill, a person facing [such a lawsuit] could apply to have it dismissed at an early stage,” said Nerysoo during an earlier discussion on Tuesday.
“The court would determine whether there are grounds for the lawsuit to proceed and weigh those grounds against public interest in protecting freedom of expression.
“This approach is intended to protect public debate while preserving access to the courts for legitimate claims.”
He said the bill gives a voice to all residents of the NWT, without the fear of being sued by any level of government.
Some MLAs spoke favourably of the proposed law before it underwent a clause-by-clause review in the legislature.
“In my view, and I think in the view of many, it’s a meaningful, real example of impacts of legislation that can help people, protect people,” said Yellowknife Centre MLA Robert Hawkins.
“There’s nothing more fundamental than the right to speak, the right to express yourself, and certainly the right to speak truth to power in society. It is the hallmark of a free society,” said Range Lake MLA Kieron Testart.
Private members’ bills are pieces of legislation proposed by regular MLAs instead of by a member of cabinet, as is usually the case.
