Rod Macdonald to lead expert panel on SLAPPs

On October 6, Justice Minister Yvon Marcoux announced the creation of an expert panel to examine if any measures to prevent Strategic Lawsuits Against Public Participation (SLAPPs) should be adopted.

SLAPPs are usually defamation lawsuits filed by corporations in an attempt to shut down criticism by non-governmental organizations or citizen lobby groups, who in turn usually don't have the financial resources to defend themselves. The goal is to limit public debate. In the United States, 23 states have adopted legislation that protects the rights of citizens who speak up against controversial projects.

Roderick A. Macdonald, F.R. Scott Professor of Constitutional and Public Law at McGill University, will head the panel.

The panel is to look at the current rules in Quebec, Canada and the United States with regard to the balance between freedom of expression and the right to the respect of one's reputation; between the right to speak to the court and the power to reject abusive lawsuits.

Should the panel conclude that Quebec law presently does not allow for balance and fairness, it is to propose possible improvements.

In Quebec, the SLAPP phenomenon is fairly recent and can affect different sectors, such as municipal affairs, the environment and consumer affairs.