counter-speech, interpreting s. 4 of the PPPA so as to deprive defamed parties who
debate. It could prevent those who hold controversial or unpopular views from entering
the public arena to share them. This conclusion does not turn the concept of chilling
effect on its head, contrary to what my colleague contends (para. 77). My colleague
asserts that our Court’s jurisprudence on this concept “addresses the concern that the
possible imposition of a legal penalty would cause speakers to refrain from
commenting on matters of public interest” (para. 77). However, the deprivation,
through a court order, of a party’s right to vindicate a legitimate claim also imposes a
legal penalty on that party.
[176]
I therefore agree with the Court of Appeal that the chambers judge erred in
failing to consider the chilling effect that the dismissal of Mr. Neufeld’s claim might
have on future expression by others (Pointes, at para. 80; C.A. reasons, at para. 65).
[177]
Anti-SLAPP legislation like the PPPA does not provide a licence to defame
(Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, 478 D.L.R.
(4th) 514, at para. 33). Being the subject of defamatory counter-speech is not the price
that those who engage in public debate by expressing minority views on contentious
topics must inevitably pay. This is not what is envisioned by s. 4 of the PPPA, which,
like s. 137.1 of the CJA, aims to ensure “that a plaintiff with a legitimate claim is not
unduly deprived of the opportunity to vindicate that claim” (Pointes, at para. 48). In
2023 SCC 14 (CanLII)
have suffered serious harm of their day in court could very well be detrimental to public
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