Whatcott, 2013 SCC 11, [2013] 1 S.C.R. 467, at para. 32; R. v. Khawaja, 2012 SCC
[2018] 3 S.C.R. 374, at para. 26; R. v. Sharpe, 2001 SCC 2, [2001] 1 S.C.R. 45, at
para. 104; Canadian Newspapers Co. v. Canada (Attorney General), [1988] 2 S.C.R.
122, at p. 133). As McLachlin J., dissenting, but not on this point, explained in R. v.
Keegstra, [1990] 3 S.C.R. 697, at p. 850:
A second characteristic peculiar to freedom of expression is that
limitations on expression tend to have an effect on expression other than
that which is their target. In the United States this is referred to as the
chilling effect. Unless the limitation is drafted with great precision, there
will always be doubt about whether a particular form of expression offends
the prohibition. . . . The result of a failure to [define any limitation with
precision] may be to deter not only the expression which the prohibition
was aimed at, but legitimate expression. The law-abiding citizen who does
not wish to run afoul of the law will decide not to take the chance in a
doubtful case. Creativity and the beneficial exchange of ideas will be
adversely affected.
[76]
In the civil context, courts have taken care to circumscribe the tort of
defamation to avoid causing a chilling effect on legitimate expression, in line with the
goals of anti-SLAPP legislation (see Bent, at para. 165, per Côté J., and at para. 262,
per Abella J.). As the intervener the Centre for Free Expression points out, since Pointes
and Bent were released, the chilling effect on public debate has only been considered
by courts under the weighing exercise to assess the concern that allowing the
proceeding to continue will chill the expression of the defendant and others who might
be sued in defamation (see, e.g., Schwartz & Red Lake Outfitters v. Collette, 2020
ONSC 6580, at para. 123 (CanLII); Catalyst Capital Group Inc. v. West Face Capital
2023 SCC 14 (CanLII)
69, [2012] 3 S.C.R. 555, at para. 79; R. v. Vice Media Canada Inc., 2018 SCC 53,
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