SLAAP lawsuit: ...was originally defined as a lawsuit involving communications made to influence a governmental action or outcome, which resulted in a civil complaint or counterclaim filed against nongovernment individuals or organizations on a substantive issue of some public interest or social significance. It has been defined more broadly by some to include suits arising from speech in connection with a public issue. This form of litigation is frequently filed by organizations or individuals to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition.
I've written here and here about the lawsuit filed by former Canadian Human Rights Commission staffer (and now frequent complainant) Richard Warman against five conservative bloggers. That lawsuit may or may not be a SLAPP lawsuit - I'm withholding judgment myself. Certainly there is much to be critical of when it comes to the tactics and ideology of Mr. Warman. However, at the center of his lawsuit is the allegation that he -- under a pseudonym -- posted some very derogatory comments about Senator Anne Cools. Warman's own past use of pseudonyms and the evidence regarding the Cools post specifically suggest he could have written it, but if he didn't (also a possibility) then those claiming he did would be in a tough spot. However, in a most egregious example of a SLAPP lawuit, Ezra Levant (one of those Warman is suing) has been threatened with a lawsuit by CHRC lawyer Giacomo Vigna. Why? Well, it seems, because Ezra made fun of him. Here's one of Ezra's blog posts that the lawsuit cites, and here's the words of Vigna himself which are cited by Ezra:
MR. VIGNA: Sorry. Mr. Chair, I don't have the flu but I don't feel in a serene state of mind to proceed with the file today. I don't feel very well. I feel dizzy, I feel anxiety, and I am not in a serene state of mind to proceed with this file today.
I have a lot of things worrying me right now and I don't want to elaborate, but my colleague said, Mr. Fine, there are some certain incidents that have occurred which I don't feel at liberty to elaborate right now, which have had an impact on my ability to proceed in a professional way on this file, at least for today, because I wouldn't be rendering the Commission a just service by proceeding in this condition. I am not dying, Mr. Chair, I don't have the flu, but I am not mentally capable of proceeding under these circumstances. THE CHAIRPERSON: But the witness is here? MR. VIGNA: The witness is here. It's not the question of the witness. The witness is here. I thought until this morning that I would proceed, but I really don't feel primarily mentally able to proceed, and physically too
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