This was sent to Campbell, Oppal, and my MLA Ron Cantelon by personal fax. Also to gordon.campbell.mla@leg.bc.ca <gordon.campbell.mla@leg.bc.ca>; wally.oppal.mla@leg.bc.ca <wally.oppal.mla@leg.bc.ca>; john.les.mla@leg.bc.ca <john.les.mla@leg.bc.ca>; pat.bell.mla@leg.bc.ca pat.bell.mla@leg.bc.ca by e-mail. Postal addresses, email addresses and fax numbers are all at MLA Finder at http://www.legis.gov.bc.ca/mla/3-1-7.htm

Friday, July 22, 2005

Hon. Gordon Campbell, Premier

Dear Mr. Campbell,

Subject: BC SPCA versus Animal Advocates Society of BC

I am very concerned about the lawsuit which has been launched by the BC SPCA against the Animal Advocates Society. A charity claiming to act in the best interests of animals should not be suing another society in a lawsuit which appears to me to be a SLAPP suit. [Strategic Lawsuit against Public Participation]

Donors to the BC SPCA expect their donations to go to animals, not to launch lawsuits that will be costly to both parties. Rich groups can afford to spend donor money on lawyers, although some donors and members of the public may believe the funds would be better spent making our community safer for its animals, but sadly low-budget groups like the Animal Advocates Society can ill afford to use their limited resources on lawyers’ fees.

In many US States these attempts to silence criticism have been restricted and victims of lawsuits that attempt to place restrictions on speech are allowed to seek sanctions. Lawsuits are thrown out before they get to trial court. Rights of citizens and groups to speak out are a necessary part of a democratic system. If there are problems with the current BC SPCA they should be fixed and attended to. The BC SPCA has finally complied with the law, the PCA Act, and produced the audited statements the PCA Act says they must, but which they had been permitted to never produce in their whole history. Change can occur in response to concerns.

I would request that the BC Government reinstate the anti-SLAPP legislation which was rescinded in 2001. It is essential that groups or individuals can speak out without fear of having to defend themselves from lawsuits by powerful interests. I should also like legislation that would enable substantial punitive damages to be assessed against parties launching SLAPP suits. That would really give those who are ready to sue to think seriously about the possible consequences. Right now there seems little that can be done to protect the weaker party financially. Lawsuits can be dragged out for years at great cost to the emotional and financial health of BC residents who have to respond to this type of lawsuit.

I would also request that the BC SPCA should be answerable under the Freedom of Information Act. Your special committee to review the Freedom of Information Act discussed this issue May 2004. The BC SPCA should have no more privileges than any other public body.

I am distressed about this attempt to silence Judith Stone and the other defendants, many of whom have never even written a word on her bulletin board or who are no longer associated with the group. I hope that legislation to prevent this type of abuse of power will be enacted.

Yours truly,

Jean Martin
Lantzville, BC