Ontario: Include current court cases in new AntiSLAPP legislation

Kathleen Wynne, Premier; The Honorable Yasir Naqvi and The Honorable Madeleine Meilleur.

We are petitioning Kathleen Wynne, Premier, the Honorable Yasir Naqvi and the Honorable Madeleine Meilleur regarding anti-SLAPP legislation. With the recently announced sweeping overhaul of care guidelines for marine animals in the province we are hopeful that these new standards of care will improve the quality of life for whales, dolphins, seals, and other marine mammals held in captivity in Ontario.

Many are aware that there is currently only one facility that holds captive marine mammals in Ontario – Marineland Inc. of Niagara Falls. It is evident that with the implementation of these guidelines, the Canadian government is acknowledging that there is a lack of adequate care of the park's animals and that there is a necessity that there be a requirement on the park to provide better care to its animals.  Furthermore, social media indicates that Marineland and its owner John Holer are becoming increasingly embarrassing for Canada as a country and Niagara Falls as a city.

This perspective is exacerbated by the park’s attempt to silence all their critics. Since 2012, Marineland has launched eight lawsuits against individuals and companies. These lawsuits are intended to curtail free speech and have been instituted against Canada’s press and whistleblowers. This mass attempt to muzzle critics only creates further embarrassment for Canada and shines a negative spotlight on Canadian law and the abuse of it.

Not a single one of these lawsuits has progressed to the courtroom and are indicative of SLAPP suits intended to cajole, threaten, intimidate, silence and bankrupt those who are forced to defend them long before Marineland is forced to provide evidence to support their litigation efforts. The law should provide equal protection for all and not just those who can afford legal representation.

It was with dismay therefore, that the welcome news of AntiSLAPP legislation in Ontario was besmirched by the refusal to include a motion that would retroactively assist those currently engulfed in litigation. This is blatantly unjust. Without their testimonies, the changes proposed by yourselves for the care of marine mammals in captivity would never have progressed to new legislation. 

We are urging Kathleen Wynne, Yasir Naqvi and Madeleine Meilleur to please reconsider the current AntiSLAPP legislation to include current cases being pursued. To ignore such cases is a blight for Ontario that historically, cannot be cleansed unless remedial action is pursued.

For more information on SLAPP suits please read:

What is a SLAPP suit? 

https://www.law.cornell.edu/wex/slapp_suit

Ontario's proposed anti-SLAPP legislation: what can we expect?

http://www.lexology.com/library/detail.aspx?g=76dc1255-a43c-4d37-9010-69bb6d4163d2

Ontario’s Proposed Anti-SLAPP Legislation Moves Forward (Again)

http://www.osler.com/NewsResources/Ontarios-Proposed-Anti-SLAPP-Legislation-Moves-Forward-Again/

Petition by
Gravatar
Toronto, Canada

To: Kathleen Wynne, Premier; The Honorable Yasir Naqvi and The Honorable Madeleine Meilleur.
From: [Your Name]

In reference to Marineland Inc. of Canada. Please retroactively apply AntiSLAPP legislation to current cases. Petioning Kathleen Wynne, Premier; The Honorable Yasir Naqvi; The Honorable Madeleine Meilleur asking them to address SLAPP suits filed against individuals/companies by Marineland Inc. of Canada.

This petition asks that pending antiSLAPP legislation be retroactively applied to Marineland’s existing litigation efforts. SLAPP suits are designed to stifle free speech and silence critics of the marine park and its operations.

I wish to extend grateful thanks for announcing a sweeping overhaul of care guidelines for marine animals in the province. I remain hopeful these new standards of care will improve the quality of life for whales, dolphins, seals, and other marine mammals held in captivity in Ontario.

There is currently only one facility that holds captive marine mammals in Ontario – Marineland Inc. of Niagara Falls. It is evident therefore, that with the implementation of these guidelines, the Canadian government is acknowledging that the park has an existing issue with the care provided to its animals.

Furthermore, Marineland and its owner John Holer, are becoming increasingly embarrassing for Canada as a country and Niagara Falls as a city. This perspective is exacerbated by the park’s attempt to silence all critics.

Since 2012, Marineland has launched eight lawsuits against individuals and companies. These lawsuits are intended to curtail free speech and have been instituted against Canada’s press and whistleblowers. This mass attempt to muzzle critics only creates further embarrassment for Canada and shines a negative spotlight on Canadian law and the abuse of it.

None of these lawsuits have progressed to the courtroom and are indicative of SLAPP suits intended to cajole, threaten, intimidate and bankrupt those who are forced to defend them long before Marineland is forced to provide evidence to support their litigation efforts. The law should provide equal protection for all and not just those who can afford a representation.

It was with dismay therefore, that the welcome news of AntiSLAPP legislation was besmirched by the refusal to include a motion that would retroactively assist those currently engulfed in litigation. This is unjust and dishonest. Without their testimonies, the changes proposed by yourselves for the care of marine mammals in captivity would never have progressed to new legislation.

I am urging you most strongly, to reconsider the current AntiSLAPP legislation to include current cases being pursued. To ignore such cases is a blight for Ontario that historically, cannot be cleansed unless remedial action is pursued.

Thank you for your time and consideration.