A recent lawsuit in Alberta, a British Columbia court ruling, and the widespread use of artificial intelligence programs have shown why all Canadians need their governments to enact legislation that deters vexatious lawsuits intended to prevent journalists and members of the public from speaking freely about important matters.
Individuals are increasingly filing vexatious libel lawsuits intended to intimidate and deter future or ongoing criticism or efforts to hold them accountable. The merits or prospect of success mean little for people filing such suits — often referred to as a strategic lawsuit against public participation, or a SLAPP. Instead, the goal is to punish critics or opponents by forcing them to vigorously defend themselves in lengthy and costly legal processes.
Such SLAPP suits impact all of society because their existence and use suggest that journalism or speech, even that which is grounded in truth and in the public interest, could bring significant personal cost.
Canadian legislators have the ability to reduce those costs for individuals, deter the suits in the first place, and ensure the court’s time isn’t wasted on frivolous speech-quelling lawsuits. But currently, only residents and journalists in four Canadian provinces are protected by anti-SLAPP legislation.
Ontario, British Columbia, Quebec, and Manitoba have passed legislation that allows SLAPP victims to file an application to dismiss lawsuits that are clearly intended to penalize opponents and dissuade criticism. The Canadian Association of Journalists is now calling on other provinces and territories to do the same. The Northwest Territories is currently considering an anti-SLAPP bill. Other jurisdictions should follow suit if they want to protect their residents’ freedom of speech.
In defamation suits like one recently filed by Caylan Ford, a former candidate for provincial office, rather than begin a costly trial currently scheduled to last 55 sitting days — until June 15, 2026 — anti-SLAPP legislation could have allowed a short pre-trial hearing. During this hearing, lawyers for the news organizations and journalists could have explained to the judge why their work was done in the public’s interest. Alternatively, Ford could have shown a judge that the alleged defamation caused her a serious level of harm and that the defendants had no valid defence.
In Canada and around the world, legal attacks on the press are increasing. Anti-SLAPP legislation, when undertaken with proper consultation and with non-partisan oversight, is an important antidote to prevent a wider chill from being cast on investigative journalism.
All Canadian jurisdictions need laws that enable SLAPP actions to be dealt with swiftly and effectively. The time to protect public interest reporting, which is a vital democratic safeguard, is now.
The Canadian Association of Journalists is the country’s largest professional organization that serves to advance the interests of journalists from coast to coast to coast. The CAJ’s primary roles are public-interest advocacy work and professional development for its members.
For further information: Brent Jolly, president, Canadian Association of Journalists, brent@caj.ca
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