By: Daniella Marchand and Nafisa Abdul Razak
PDF Version: Furthering Expression in the Public Interest: SCC Provides Interpretation of Ontario’s Anti-SLAPP Legislation
Case Commented On: 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 (CanLII)
Last month, the Supreme Court of Canada (SCC) released their decision in the Pointes Protection case, dismissing 1704604 Ontario Ltd.’s appeal and upholding the Ontario Court of Appeal’s (ONCA) decision. This commentary follows up our first post regarding the ONCA’s decision on 1704604 Ontario Ltd v Pointes Protection Association, 2018 ONCA 685 (CanLII). In our previous post, we advocated for the enactment of a similar provision in Alberta as exists in Ontario, relying on the analysis set out by Justice David Doherty and the arguments made by various interveners as to the necessity of anti-SLAPP (Strategic Litigation Against Public Participation) legislation. For background on the previous proceedings, please see our other post titled “Is Now the Time to Consider Anti-SLAPP Legislation in Alberta? A Reflection on Pointes Protection”.
Here, we continue to recommend the introduction of similar anti-SLAPP legislation in Alberta. In Pointes Protection, the SCC provides a detailed analysis of Ontario’s anti-SLAPP legislation, perhaps expecting that this decision may guide the development of similar legislation in other provinces and territories. In this post, we will examine the test as interpreted by the SCC, and how this framework presents a novel opportunity for adoption of anti-SLAPP legislation to the Alberta legislature.