MiningWatch Canada adds our signature to the following letter, calling for anti-SLAPP legislation to be adopted in Alberta. See the full list of signatories here.
We, the undersigned, are Canadian journalists, digital media creators, writers, members of civil society organizations, labour unions, academia, the legal community and other Canadian citizens whose lives’ work is dedicated to advancing the public interest through our respective fields.
We believe critical journalism and a vibrant civil society are core pillars of a strong and healthy democracy. The Charter of Rights and Freedoms guarantees every Canadian the right to “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” However, these rights - which are foundational to Canadian democracy – are increasingly undermined by individuals and organizations that are using legal tactics to obstruct or suppress the work of journalists and others who speak up on issues about democracy.
In recent years, a growing number of journalists and media organizations in Alberta, as well as other digital media creators, civil society groups, academics, activists and political actors, have been subjected to legal threats and lawsuits over their reporting and commentary on issues of public interest.
Many of these legal threats and actions have been launched by individuals with clear political connections. Some threaten to bury media outlets with multimillion-dollar lawsuits while others try to misuse Alberta’s court system to scrub the internet of information that the public has a right to know.
When legal threats and lawsuits are used to chill speech or punish critical voices, this imposes significant costs and unreasonable financial pressures that erode our ability to do important work. Those costs mount even when lawsuits aren’t filed; the threat of lawsuits alone can deter journalists or influence what gets reported, even when the suits themselves would not be expected to succeed at trial.
Whether it’s a journalist investigating powerful people, a civil society group advocating for social change, or simply an ordinary person with opinions about their government, democracies need legal mechanisms to protect free and democratic speech from frivolous, abusive and politically motivated lawsuits.
There is currently no legislation enabling courts in the Province of Alberta to dismiss Strategic Lawsuits Against Public Participation (or “SLAPP” lawsuits). However, such legislation already exists in the Canadian provinces of Ontario, British Columbia and Manitoba.
Anti-SLAPP legislation creates an important step in the legal process that gives courts an opportunity to assess the merits and motives of a legal action at an early stage of proceedings, potentially sparing individuals and organizations targeted by SLAPP lawsuits from lengthy and expensive trials.
This legislation protects journalists and everyone else who speaks up in our democracy by creating a powerful deterrent against those using frivolous and politically motivated lawsuits to silence critics and instill fear in those who participate in public debate. It also prevents taxpayer dollars and limited court resources from being wasted on issues that should be debated in public, not litigated in court.
Anti-SLAPP legislation has been adopted with cross-party support in multiple provinces because these issues matter to everyone, regardless of partisan affiliation or personal political beliefs.
Most of all, anti-SLAPP legislation creates a stronger, healthier democratic culture.
We, the undersigned, call upon Alberta legislators to adopt anti-SLAPP legislation to protect democracy and public interest expression in the Province of Alberta.
For a full list of signatories, click here.