"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Friday 11 May 2012

Slapp Suit With a Twist

Newspaper article.

Councillor calls for end to ‘intimidation suits’


Markham will explore ways to tackle issues of strategic lawsuit against public participation, better known as SLAPP.
A lawsuit that attempts to silence individuals or groups that speak out or take a position on an issue of public interest, SLAPP is intended to censor and intimidate critics by depleting their resources with the cost of a legal defence.
It’s an “abusive process” and “a complete waste of court time”, said Councillor Valerie Burke, who requested Monday for town staff to report back with information on anti-SLAPP legislation.
Ms Burke cited her recent experience with SLAPP before the town’s general committee.
In 2010, a developer’s consortium, Upper Unionville Inc., sued Ms Burke and former councillor Erin Shapero for allegedly trespassing on the Beckett Farm property for media photo-ops about the councillors’ foodbelt proposal.
The suit asked for $120,000 in damages and a court injunction plus legal costs against Ms Burke and Ms Shapero.
It was dismissed by the Superior Court of Ontario last year.
“It undermines our democratic values,” Ms Burke said of SLAPP, adding it can happen to anyone.

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The twist is, it  was  a majority of Aurora  Councillors who went behind closed doors  to authorise with a slyly worded resolution , the first $55,000 legal fees  to allow a former politician to pursue the action. against three
 town residents



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1 comment:

Anonymous said...

They should have been SLAPPED until they were black and blue and bawling and none of them should have been permitted to seek public office for at least five years.

What is so interesting in all of this is that Deputy-Mayor McRoberts recanted his vote and publicly stated that he felt the matter should never have been discussed and decided, that the Municipal Act didn't permit such decisions.

And Councillors Gallo and Granger publicly stated that had they known that a law suit would stem from the closed session direction to staff they would have sought much more information than apparently was provided.

Ain't it all too grand?