Below is the news on Louise Auger, and the new Quebec law regarding SLAPP suits.
Articles written between May 21 - June 4, 2009.
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Thank You!
Carol Waterman
Animal Activist & Volunteer
Montreal, Qc. Canada
The Gazette Montreal, Qc. Canada June 4, 2009
New law makes it harder to SLAPP disadvantaged
By KEVIN DOUGHERTY
Bill 9, Quebec's anti-SLAPP law, was adopted unanimously yesterday in the National Assembly.
Bill 9 allows a judge to toss out a lawsuit deemed to be an attempt by powerful interests to stifle dissent through an expensive legal action, known as a Strategic Lawsuit Against Public Participation, or SLAPP.
Provincial Justice Minister Kathleen Weil noted she was the third minister to pilot the law, which dates from 2006, when then-justice minister Yvan Marcoux asked McGill University law professor Roderick Macdonald to look into the concept.
Jacques Dupuis's anti-SLAPP legislation, Bill 99, died on the order paper when the Dec. 8 election was called.
Bill 9 includes two changes from Bill 99: It allows a judge to take account of the new law in legal actions already before the courts, and it permits defendants to claim legal costs.
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SLAPP Suit - The Ugly Face of Censure in Quebec
June 3, 2009
By Andrea Archibald, staff reporter
MONTREAL (RPRN) 6/3/2009–Louise Auger, as reported by RushPRNews on May 21 2009, is currently being sued for defamation by the municipal pound Inspecteur Canin. Little attention is being paid to the case, but supporters of Auger and fellow animal-rights activists are yelling SLAPP.
A SLAPP, or a Strategic Lawsuit Against Public Participation, is designed by large companies or institutions to terminate public criticism from local citizens or organized groups. The objective of the plaintiff is not a win, per se, but to bankrupt the defendant into silence. The SLAPP, opponents say, is both an outright abuse of the legal system and a threat to civil liberties.
Although several provincial governments have made attempts, at present there is no Canadian anti-SLAPP legislation. Bill 9 remains in front of the Quebec National Assembly.
In the meantime, Auger awaits her day in court. Arguments for a permanent injunction are scheduled to be heard on July 21st 2009.
Earlier, the court ruled against an injunction on the planned May 2nd 2009 demonstration, as well as an allegation of contempt of court. Auger continues to sit under a gag order, however.
Auger, an animal-rights activist for over 30 years, retired in 2007 due to health reasons. Suffering from fibromyalgia, characterized by chronic widespread pain and debilitating fatigue, she was also forced to retire from her volunteer work. However, she has been unable to walk away entirely. After pursuing a letter writing campaign against Inspecteur Canin, she was hit by the defamation lawsuit.
Unable to pay the legal fees unaided, Auger plans several fundraising events for the summer months.
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The Power of SLAPP To Shut Quebecers Up
May 21, 2009
By Andrea Archibald, staff writer
Some believe that SLAPP is infringing on Quebecers’ rights to freedom of expression
MONTREAL (RPRN) 5/21/2009–Earlier this month, as reported by RushPRNews (RPRN), a peaceful protest was held against the municipal pound Inspecteur Canin. Approximately 200 animal-rights activist and supporters demonstrated outside the Saint-Lin-Laurentides, Quebec location. Among them was Louise Auger, currently being sued by Inspecteur Canin for defamation, which many believe to be a SLAPP.
As litigation is still pending, Auger could not speak to RPRN. Among the charges was a request that no more than three people be allowed to protest. Although the defamation suit is still pending in the courts, the request was quickly overturned.
Speaking with Nicole Joncas over the phone, a source close to Auger, she contests that Auger is the victim of a Strategic Lawsuit Against Public Participation (SLAPP). SLAPP suits are characterized by large corporations intending to intimidate their critics into silence through lengthy and expensive legal proceedings. The Quebec publisher Écosociété, along with three of its authors, for example, is currently being sued by both Barrick Gold and Banro Corporation for a combined $11 million.
Advocates say SLAPP lawsuits are legitimized corporate bullying that threaten individuals’ fundamental freedoms of expression and assembly.
Although illegal in 25 States, there has yet to be any legislation passed in Canada. Currently, Bill 9, introduced April 7 2009, sits in front of Quebec’s National Assembly. If passed, it would be the first of its kind in Canada. The Bill grants defendants the right to ask the court to throw the suit out if deemed abusive, as well as the right to ask for a reimbursement of incurred legal costs. Not the first anti-SLAPP bill to go in front of the National Assembly, it has received support by both the Liberal Party and the Parti Québecois. Unlike its predecessor, Bill 9 would also hold company directors and officers personally. Once passed, the bill would apply immediately to all cases before the court.
Some critics claim that the Bill has not gone far enough to define a SLAPP suit. Other critics fear that, if passed, a company will no longer have the right to defend its reputation.
Prior to the May demonstration, Auger had sent letters to the mayors of the more than 30 municipalities holding contracts with Inspecteur Canin. Shortly thereafter, according to a source close to Auger, one contract was canceled, and the purchasing of several animals was stopped. It is believed that this is central to the lawsuit.
Another demonstration is scheduled for Saturday May 23 2009 at 1 PM, outside of the St-Charles-Borromé Joliette location. “We want [Inspecteur Canin] to know that we’re there; we’re not backing off,” says Joncas. “Our freedoms cannot be touched.”