under s. 4(2)(a)(ii) of the PPPA, grounds to believe Mr. Hansman had
no valid fair comment defence?
[45]
Answering either of these questions in the negative would result in the
dismissal of the action. I would answer “no” to both. The Court of Appeal should not
have overturned the chambers judge’s findings on the fair comment defence. More
significantly, even if Mr. Neufeld had disproved the validity of Mr. Hansman’s fair
comment defence, the public interest in protecting Mr. Hansman’s expression mandates
dismissal of the underlying action. Before turning to the two questions before the Court,
I summarize the applicable statutory framework.
A.
[46]
Section 4 of the PPPA
A SLAPP is a tactical action that seeks to suppress expression on matters
of public interest. The goal of a SLAPP is not necessarily a legal victory, but a political
one: to intimidate and suppress criticism with the threat of costly litigation (V. Pelletier,
Strategic Lawsuits against Public Participation (SLAPPs) (and other abusive
lawsuits), August 2008 (online), at para. 4). A key feature of a SLAPP is thus the
strategic use of the legal system to silence contrary viewpoints. Binnie J. aptly
described the problem posed by such litigious tactics in WIC Radio:
2023 SCC 14 (CanLII)
(ii) Did the chambers judge err in finding that Mr. Neufeld did not show,
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