published by Anonymous (not verified) on Wed, 04/11/2012 - 00:00
We were alarmed to hear that Taseko Mines Ltd., the company that wants to develop the controversial Prosperity Mine, is suing the Wilderness Committee and one of its employees. This is a disturbing reminder that the law is sometimes stacked against individuals and groups concerned about the protection of the environment, and that big business can wield a big legal stick.
Metro Vancouver's "Zero Waste" plan may divert food scraps into rural BC
by DAWN PALEY
A proposed composting facility just north of Lytton has raised concern among residents, who say that, if built, the organic waste dump would threaten sensitive ecosystems and a rural way of life.
Residents of the Botanie Valley speculate that Northwest Organics is positioning itself to take advantage of Metro Vancouver’s Zero Waste Initiative, which calls for diversion of up 70 per cent of the region’s waste away from landfills by 2015.
Defend freedom of expression and the right to protest.
Petition to stop SLAPP suits
A petition to stop SLAPP suits has been created by West Coast Environmental Law and we ask that you sign it to support this effort to reclaim democratic rights and protect those who speak out against Big Oil and other corporations and government agencies. Will you join us and Defend BC?
Everyone in Canada should have the protection of the Charter of Rights and Freedoms to freely voice their concerns and to organize public demonstrations. But they don't. SLAPP suits undermine and subvert democratic rights and the democratic process. In fact, the Charter of Rights and Freedoms does not protect protestors and critics and the courts impose a huge burden to achieve any sort of justice and redress. The Charter of Rights and Freedoms is part of the Canadian Constitution and while it is supposed to protect citizens against government it is not generally applied to disputes between private parties. Freedom of thought, belief, opinion and expression, including freedom of the press and other media or communications are guaranteed by Section 2(b) of the Charter and freedom of peaceful assembly by section 2(c). However, unlike the First Amendment to the US Constitution, the Canadian Charter of Rights and Freedoms applies only to protection from government intervention - not private disputes for alleged defamation and protests. Read more
Will the Courts Protect Me?
The answer is almost certainly no. The courts are biased in allowing cases to proceed to trial. To have a lawsuit dismissed, a target of a SLAPP suit must prove on the balance of probabilities that a suit was filed for a malicious purpose such as to silence a person on a matter of public concern or to stop them from demonstrating. To prove malicious intent against a large corporation with almost unlimited resources is difficult at best. In short, it is very difficult and expensive to have a SLAPP suit dismissed in Canada even if there is no credible proof that a lawsuit is an abuse of process, malicious and without factual basis. This is unlike the United States where over half the States have specific anti-SLAPP legislation and First Amendment rights to free speech that provide rules for the better protection of the right to protest and speak out against government agencies and corporations. Read more
Thanks to all our supporters. In particular, thanks to West Coast Environmental Law for two grants to develop recommendations for effective anti-SLAPP suit legislation, Dr. Jane Shin, MLA Burnaby-Lougheed for continuing to push for anti-SLAPP legislation and to students at Kwantlen Polytechnic University for continued support. Click here to read statements of support to reclaim democratic rights.
Recommendations for Anti-SLAPP Legislation with Appendices. Environmental Defense Working Group (2015).
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