Lack of lawsuit protection
Environmental Coalition focuses annual meeting on anti-SLAPP laws
Members of an environmental group in P.E.I. want to make it more difficult for wealthy opponents to use the threat of lawsuits to silence them.
This was the focus of the 2024 annual general meeting of the Environmental Coalition of Prince Edward Island (ECOPEI), held Feb. 21 in Charlottetown.
After a brief recap of ECOPEI’s 2023 activities, the meeting, which was held in the Carriage House adjacent to Beaconsfield Historic House, looked at strategic lawsuits against public participation (SLAPP) and antiSLAPP laws.
The discussion was prompted by the ongoing lawsuit filed against the environmental group by P.E.I. developer Tim Banks in August 2023. At issue is a development Banks wants to create in Greenwich, P.E.I.
The meeting featured educational presentations from James Turk, director of the Centre for Free Expression at Toronto Metropolitan University, and Duncan Sturz, a lawyer with McInnes Cooper in Charlottetown.
Both have joined ECOPEI in advocating for anti-SLAPP legislation to be brought to P.E.I., which would make the Island the fourth province to enact such laws. As of 2024, only Quebec, Ontario and British Columbia have antiSLAPP laws.
SLAPP lawsuits are typically used by wealthy individuals and corporations against members of the public and groups to intimidate them into silence in the face of an expensive legal battle.
“It’s a really daunting matter in terms of money but also in terms of time, and so oftentimes the critics just have to back off,” Turk said, adding that even after winning a lawsuit against a SLAPP, it could cost the defendant more than $250,000 just to cover legal fees.
Anti-SLAPP legislation is intended to protect individuals from costly lawsuits, enabling the defendant to have the lawsuit dismissed if the topic is deemed a matter of public interest.
FOLLOWING THE ONTARIO BLUEPRINT
As the first province in Canada to create anti-SLAPP legislation, Ontario’s laws served as a blueprint for British Columbia’s anti-SLAPP laws and could easily serve the same role for P.E.I.
Turk explained that Ontario has already taken the time to draft, word and construct the legislation, making it easier to adopt and adjust in other provinces rather than starting from scratch. The laws have also been challenged all the way to the Supreme Court in Ontario, proving the tried-and-true nature of the legislation.
“Not only is it all ready to go, but it works, and the courts have upheld it. So, any province that adopts it will have a strong assurance that it is going to be upheld by the judiciary in Canada,” Turk said.
Gary Schneider, co-chair of ECOPEI, encouraged members to continue to participate in anti-SLAPP legislation lobbying as events unfold in 2024.
“I’m so proud of working with a group that said this is so important that we’re going to go outside of our comfort zone and we’re going to do the right thing here,” Schneider said.
In detailing the current lack of protections against frivolous lawsuits in P.E.I., Sturz said Ontario legislation and court cases often carry weight in the P.E.I. judicial system, making it possible for antiSLAPP legislation to be translated to the province.
“With the right champions and some lobbying efforts, I think there’s no question that this type of legislation – or this type of protection of public participation legislation – could be established (in P.E.I.),” Sturz said.
The lawsuit filed against ECOPEI is still before the Island Regulatory and Appeals Commission, and while the environmental group awaits a response it will continue to advocate for anti-SLAPP legislation in P.E.I..
Caitlin Coombes is a Local Journalism Initiative reporter, a position funded by the federal government. She can be reached by email at caitlin.coombes@saltwire.com and followed on X @caitlin_ coombes.