The Canadian Association of Journalists issued a statement this week welcoming the NWT’s incoming anti-SLAPP law as a “victory for freedom of expression.”
The Prevention of Proceedings that Hamper Expression on Matters of Public Interest Act passed third reading late last month, one of the last steps before becoming law.
Mackenzie Delta MLA George Nerysoo introduced the private member’s bill in March.
SLAPP stands for “strategic lawsuits against public participation,” legal action intended to intimidate and silence critics by burdening them with costs and time-consuming litigation.
“Under this bill, a person facing [such a lawsuit] could apply to have it dismissed at an early stage,” Nerysoo explained during discussion of his bill.
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“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.”
Similar laws have been enacted in Ontario, British Columbia, Quebec and Manitoba.
The Canadian Association of Journalists, or CAJ, said on Tuesday the NWT’s new law would protect journalists and others from lawsuits designed to intimidate or “financially exhaust” them.
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The association is calling on Alberta and other jurisdictions to follow suit.
Nerysoo introduced the bill 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.
“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.”
Editor’s note: Cabin Radio reporter Emily Blake is a member of the CAJ’s board.
