Legislation against strategic lawsuits against public participation [“anti-SLAPP legislation”] is not a blanket legal apparatus. Parties cannot get claims against them dismissed simply because their expressions are in relation to matters of public interest. Lascaris v B’nai Brith Canada, 2019 ONCA 163 [Lascaris] is a case that explores this concept further. Factual Overview The […]
Does protecting an individual’s freedom of expression supersede protecting those harmed by it? Where does the public interest lie within this analysis? These are the questions that the Supreme Court of Canada (“SCC”) grappled with in the recent decision of Bent v Platnick, 2020 SCC 23 [Platnick], decided alongside 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes]. This […]
As the extensive reach of the Internet continues to blur borders, so too are issues of legal jurisdiction increasingly entwined. Courts are now frequently called upon to reconcile a once novel question: are our current laws still appropriate in a digital age? The rise of the Internet particularly challenges Canadian courts to determine when they […]
Saskatchewan Essential Services Legislation Deemed Unconstitutional A Saskatchewan Court of Queen’s Bench justice recently struck down a controversial piece of legislation that denied public sector workers the right to strike. The legislation was deemed unconstitutional for infringing on public sector workers’ rights to freedom of association, guaranteed by section 2(d) of the Charter of Rights […]