Strategic litigation against public participation (SLAPP)
involves lawsuits brought by individuals, corporations, groups, or
politicians to curtail political activism and expression. An
increasingly large part of the political landscape in Canada, they
are often launched against those protesting, boycotting, or
participating in some form of political activism. A common feature
of SLAPPs is that their intention is rarely to win the case or
secure a remedy; rather, the suit is brought to create a chill on
political expression.
"Blocking Public Participation" examines the different types of
litigation and causes of action that frequently form the basis of
SLAPPs, and how these lawsuits transform political disputes into
legal cases, thereby blocking political engagement. The resource
imbalance between plaintiffs and defendants allows plaintiffs to
tie up defendants in complex and costly legal processes. The book
also examines the dangers SLAPPs pose to political expression and
to the quality and integrity of our democratic political
institutions. Finally, the book examines the need to regulate
SLAPPs in Canada and assesses various regulatory proposals.
In Canada, considerable attention has been paid to the
"legalization of politics" and the impact on the Charter in
diverting political activism into the judicial arena. SLAPPs,
however, are an under-studied element of this process, and in their
obstruction of political engagement through recourse to the courts
they have profound implications for democratic practice.
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