Category: Free Speech

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University Of Ottawa Files Anti-SLAPP Motion In $7 Million Defamation Suit

This is a follow-up to an August 2022 piece that outlined a defamation claim between Kulvinder Gill, the University of Ottawa, and a professor named Amir Attaran. Attaran and the University were sued for $7 million back in March 2021 over 2 insulting tweets.

Finally, there seems to be some movement. The Defendants have initiated an anti-SLAPP Motion to get the lawsuit thrown out as “gag proceedings”, or as an attempt to shut down public discourse. The hearing is set for October of 2024, a year from now.

Attaran himself responded to an inquiry, and confirmed that it’s a SLAPP Motion. He said that his demands for a public apology had been refused, and now he wants his day in Court.

Ontario has an online search tool, which makes it easy to track how cases are progressing. Court documents are also considered public records, and are open to anyone, with limited exceptions.

A Notice of Intent was filed back in June 2021, although not an actual Statement of Defence. Then the case sat idly for over 2 years. Looking at the content in the Statement of Claim, it’s not hard to see why. The quotes are from page 9.

As an aside, the date in Paragraph 34 is wrong. It references a July 28th, 2021 article, which would have been after this suit was filed.

This idiot is a doctor in Ontario. Sort of a female version of Dr. Scott Atlas.

Looks like the flying monkeys are out today for Dr. Gill.
Research shows the Russian military intelligence (the GRU) are behind the anti-science COVID conspiracy social media.
So with love from Canada.

The suit is frivolous, to put it mildly. Gill is suing for millions over a Twitter spat, which included the above statements. Anti-SLAPP laws (Section 137.1 of the Courts of Justice Act for Ontario) are meant to protect against this sort of thing.

The first tweet is insulting, but is unlikely to be considered defamation. The second one appears to be Attaran just trolling Gill.

Even if Attaran genuinely views Gill as an idiot, these remarks — while distasteful — would probably be viewed as opinion, and protected as fair comment.

An additional problem is that Gill will most likely be unable to prove that she suffered any damages as a result of these comments. Twitter is known as a cesspool, where people say rude and insulting things.

She’ll also find it difficult to convince a Judge that shutting down discourse like this will be in the public interest. Understandably, the the Courts tend to lean towards protecting speech and expression.

It’s worth pointing out there’s no requirement that speech or expression be beneficial or helpful in order to be protected as public expression. As long as it’s on a subject that a segment of the population might care about, then s.137.1 applies. The above comments were in the context of arguing over lockdown measures.

With these things in mind, the anti-SLAPP Motion is certain to prevail.

Posting these kinds of comments online won’t damage Gill’s reputation or her work prospects. However, suing over them just makes her look unhinged or vindictive.

Gill was also abandoned by previous counsel. It’s unclear, at least from what’s available here, who will be representing her at this Motion. As the 2024 date draws near, expect an update, along with more filings.

In other news:

This also isn’t Gill’s first attempt at silencing critics. February 2024, a $12.75 million suit was thrown out as a SLAPP. In October 2022, she and Ashvinder Lamba — but mostly just Gill — were ordered to pay over $1.1 million in fees to the Defendants’ lawyers. Back in December 2020, she and Lamba sued 23 people and organizations over essentially the same type of comments as this.

Instead of paying costs — as they likely can’t afford to — the ruling was appealed. It has just dragged on. At least 1 of the Respondents has made accusations that the Appeal is an attempt to circumvent the costs Order. A hearing is scheduled next week to determine whether costs must be put up in advance by Gill. More on that later.

It’s bizarre that Gill had been embraced by the “freedom movement” over the last few years. She’s done more to attempt to chill free speech in Canada than just about anyone.

DOCUMENTS
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent
(4) Gill-Attaran Counsel Abandons Plaintiff

OTHER
(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/#sec137.1_smooth
(3) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1279/2022onsc1279.html
(4) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc6169/2022onsc6169.html
(5) https://www.canlii.org/en/on/laws/stat/rso-1990-c-l12/latest/rso-1990-c-l12.html
(6) https://canucklaw.ca/wp-content/uploads/Notice-of-Appeal-and-Appellants-Certificate-Gill-2.pdf

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Respondent Lawyers Accused Of Misconduct In Action4Canada Appeal

It’s interesting what people can do when motivated. October 13th, this piece went out, publishing that the Action4Canada Appeal had been listed as “inactive” due to a failure to schedule the hearing.

Less than a week later, it’s been announced that the case has been removed from the “inactive” listings, and a hearing booked for February 14th, 2024.

Further details: Action4Canada filed an appeal on Sept. 28, 2022 and the Respondents filed their response by January 2023. The appeal could have been before the Appeal Court within 6 months however, the Respondents were not cooperative in setting a timely date. Rocco’s office consistently made every effort to work with all parties involved. If a court date is not set within a year the file is automatically put on an ‘inactive’ list. This transpired on Sept. 28, 2023 and was due to the Respondents’ ongoing delays in setting a date.

The update is accurate, at least in the sense that Appeals are automatically considered inactive if a Notice of Hearing isn’t filed within a year of the Notice of Appeal. That part is true. Section 50 of the B.C. Court of Appeal Rules spells this out.

However, it’s probably not a good idea to go around accusing the Respondent/Defendant lawyers of attempting to delay and sabotage the hearing of the Appeal. It seems unlikely that this would be protected under anti-SLAPP laws.

On the off chance that this is true, some receipts would be nice.

Also, delaying the case would make no sense from their perspective. The Appeal is baseless — as has been covered here — and focuses primarily on issues that a B.C. Civil Court has no jurisdiction to grant. It revolves around Paragraph 52 in Justice Ross’ ruling. This would be an easy case to get thrown out.

This also isn’t the first time that Government lawyers have been accused of deliberately stalling this case. Back in late 2020, there were claims that the B.C. officials had delayed service by 2 1/2 months.

This makes little sense either, as the 391 page Notice of Civil Claim, or NOCC, was a convoluted mess that was doomed to fail from the outset.

Looking at the big picture, Action4Canada has been fundraising for about 3 1/2 years now and still hasn’t put forward a valid NOCC. This will never get to Trial.

In other news:

(1) The Federal Court of Appeals will hear the Appeal of some 600+ Plaintiffs — both Government workers and employees of Federally regulated industries — on November 8th, 2023. See the background information here.

(2) Vaccine Choice Canada will be in Court for 2 days, January 30 and February 1st, 2024. This is to finally have the hearing to strike out the July 6, 2020 Claim. For anyone wondering why it took so long, it’s because it took 2 1/2 years to have a first appearance.

Factums (arguments) are due starting in November, and will be provided.

(3) Vaccine Choice’s other case, from October 2019, hasn’t gotten past the pleading stages. This is despite being filed 4 years ago. It may very well be dismissed for delay soon.

Update: Shortly after this was published, Action4Canada made significant changes to their October 19, 2023 update. They removed references to the Respondent lawyers deliberately delaying the hearing of the Appeal. Guess someone had to explain that these kind of accusations are a bad idea. Without receipts or other proof, a defamation claim was quite possible.

Remember to donate!

ACTION4CANADA APPEAL DOCUMENTS:
(1) A4C Notice Of Appeal September 28 2022
(2) A4C Appeal – Notice Of Appearance – VIHA
(3) A4C Appeal – Notice Of Appearance – BC Defendants
(4) A4C Appeal – Notice Of Appearance – Attorney General of Canada
(5) A4C Appeal – Notice Of Appearance – Peter Kwok, Translink
(6) A4C Appeal – Notice Of Appearance – BC Ferries, Brittney Sylvester
(7) A4C Appeal – Appeal Book – Appellant
(8) A4C Appeal – Appeal Book – Respondent VIH And PHC
(9) A4C Appeal – Appeal Record – Stand Alone Respondents VIHA
(10) A4C Appeal – Appeal Record – Stand Alone
(11) A4C Appeal – Factum – Appellant
(12) A4C Appeal – Factum – Respondent Attorney General Of Canada
(13) A4C Appeal – Factum – Respondent BC Ferries and Brittney Sylvester
(14) A4C Appeal – Factum – Respondent HMK -Provincial Defendants
(15) A4C Appeal – Factum – Respondent Peter Kwok and Translink
(16) A4C Appeal – Factum – Respondent VIHA and Providence Health
(17) A4C Appeal – Consent Order – Factum, Time Limits
(18) A4C Appeal – Change In Representation – BC Defendants
(19) A4C Appeal – Notice Of Hearing February 2024

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Transcript Application To Strike
(18) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(19) A4C BCSC – Order striking pleadings
(20) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(21) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(22) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(23) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(24) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)

OTHER:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(3) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_01#rule3-1
(4) https://justice.gov.bc.ca/cso/index.do
(5) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2022a#division_d0e3656
(6) https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca450/2022bcca450.html#par10

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

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Rebel News Abandons Lawsuit Against Canada Revenue Agency After 2 Months

This is a follow-up to an April 2022 article, which covered Rebel News suing the Canada Revenue Agency (the C.R.A.) for access to various subsidies. A Notice of Application was filed to challenge the C.R.A.’s decision. However, nothing seems to have been announced afterwards, which was odd.

As it turns out, the lawsuit was discontinued less than 2 months later. It was done on consent, and without costs. The Federal Court allows members of the public to check the status of cases online, and to get summaries of what has progressed.

There were no hearings or motions, just a Notice of Appearance filed by the Department of Justice on behalf of the Attorney General of Canada.

While this lawsuit was publicly sold as a way to protect free speech, it comes across as far less idealistic. Rebel wanted to be classified as a QCJO, or a qualified Canadian journalism organization, and that was denied. There are significant financial considerations at play here.

This was also announced on Twitter.

But the April 7, 2022 article states this:

So Rebel News is fighting back. Because if we don’t fight back now they’re going to destroy us — like Trudeau is doing more and more to his peaceful political opponents. He wants to try to do to us what he did to the truckers — if he had his way he’d put us in jail and seize our bank accounts. This is a step in that direction — having a government panel declare, legally, that our journalists are not actually journalists.

Because if they can do this to us, their largest independent critic left, they’ll do this to anyone. They’ll censor you. Which is why we have to fight back now — not later, right now. There might not even be a later.

The outcome of that lawsuit will affect us, obviously. But it will affect everyone. Anyone in Canada who wants to do journalism without government censorship. And every citizen in Canada who wants the freedom to choose their own choice of news, without some secret government panel deciding what is or isn’t real news.

I don’t know if there are other journalists who are being censored; I know if they succeed, we won’t be the last. I think we’re likely the only ones who can and will fight back. Good news is, we’ve got an absolute top-notch legal team.

This is hyperbolic and misleading. The C.R.A. is responsible for overseeing various programs which result in tax breaks and subsidies, including for media outlets. The C.R.A. decided (rightly or wrongly) that Rebel News didn’t meet the criteria for subsidies.

There’s also the bemusement in seeing such a lawsuit coming from an organization that purports to rail against Trudeau funding the media at all.

Here are the current registered journalism organizations:

  • La Presse Inc.
  • The Narwhal News Society
  • Presse-Ouest Ltée
  • Journaldesvoisins.com
  • New Canadian Media
  • The Local TO Publishing
  • The Canadian Jewish News
  • Chateauguay Valley Community Information Services
  • Coopérative nationale de l’information indépendante
  • La Gazette de la Mauricie

If Rebel had gotten their QCJO designation, what would they be receiving?

(a) Canadian Journalism Labour Tax Credit: this would pay up to 25% of salaries of the business’ employees, which are typically the biggest expense
(b) Digital News Subscription Tax Credit: subscribers would receive a tax rebate of up to 15%
(c) Registered Journalism Organization Status: going the next step, QCJOs would be able to qualify as RJO as well, and start issuing tax receipts, similar to how charities operate.

According to their own records, Rebel succeeded in getting 86% of the 2,000 donors that were sought. This would translate to approximately 1,720 individual donors.

If there really was such a top-notch legal team on the case, why abandon it in the beginning stages? Rebel hasn’t succeeded in getting the QCJO designation, so it’s not like Ottawa quietly capitulated.

However, it doesn’t seem that any of the money has been returned. The donation function on the article hasn’t been taken down either.

So, not only does that mean we’re not allowed to attend government press conferences, it also punishes us under Income Tax Act.

The C.R.A. has nothing to do with deciding who can attend government press conferences, or debates in political elections. So including this is a red herring. This lawsuit is about getting access to subsidy money, and tax breaks.

Or at least it was, until it was abandoned in May 2022.

FEDERAL COURT DOCUMENTS:
(A) T-720-22 Document #1 Notice Of Application
(B) T-720-22 Document #2 Notice of Appearance
(C) T-720-22 Document #4 Notice of Discontinuance
(D) T-720-22 Document #5 Affidavit of Service

OTHER LINKS:
(1) https://www.rebelnews.com/rebel_news_is_suing_justin_trudeau
(2) https://www.youtube.com/watch?v=4b_1vwGrcY4&t
(3) https://archive.ph/beOQY
(4) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(5) https://twitter.com/RebelNewsOnline/status/1512229529737211921
(6) https://www.canada.ca/en/revenue-agency/services/tax/businesses/topics/corporations/business-tax-credits/canadian-journalism-labour-tax-credit/qualified-canadian-journalism-organization.html
(7) https://www.canada.ca/en/revenue-agency/services/tax/businesses/topics/corporations/business-tax-credits/canadian-journalism-labour-tax-credit.html
(8) https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/deductions-credits-expenses/digital-news-subscription.html
(9) https://www.canada.ca/en/revenue-agency/services/tax/businesses/topics/corporations/business-tax-credits/canadian-journalism-labour-tax-credit/registered-journalism-organization.html
(10) https://www.canada.ca/en/revenue-agency/services/charities-giving/list-charities/list-charities-other-qualified-donees.html
(11) https://www.canada.ca/en/revenue-agency/services/charities-giving/other-organizations-that-issue-donation-receipts-qualified-donees/other-qualified-donees-listings/list-registered-journalism-organizations.html

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Canadian Frontline Nurses Hit With $315,000 In Costs Over Failed Defamation Suit

In a recent decision that wasn’t very surprising, the activist group, Canadian Frontline Nurses (CFLN), has been hit with $315,000 in Court costs. This follows a December ruling that dismissed their million dollar defamation case as a SLAPP, over 2 publications. That is, of course, short for a “strategic lawsuit against public participation”.

Costs are as follows:

  • $250,000 to Canadian Nurses Association Defendants
  • $65,000 to Together News Inc. Defendants.

See previous article for more information and context.

SLAPPs are a form of weaponizing the legal system to shut down discourse over public interest issues. By filing such cases, Defendants are “chilled” into being removed from the discussion.

What’s particularly bad about this case is that the CFNL is a group that claims to have fought on behalf of the freedom of Canadians over the last few years. It seems that at least some have no issue with taking away the freedoms — specifically speech — of people they don’t like.

This differs little from Kulvinder Gill and Ashvinder Lamba, who are on the hook for $1.1 million over a failed defamation suit from December 2020. Actually, it’s mostly Gill.

To be clear, this isn’t about defending the principles or character of organizations like the Canadian Nurses Association, as they were all too willing to shill for lockdown measures. Instead, it’s about the right of everyone to say their piece, even if it’s downright awful. Silencing people because they’re not “on your side” is just downright wrong.

Seeing the replies to Paul Champ, one of the lawyers, was discouraging. So many in the “freedom movement” are showing disdain that the attempt at libel-chill had backfired. While they whine about their civil liberties being trampled on by Government, they cheer private citizens doing it.

Costs on dismissal
(7) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

Costs if motion to dismiss denied
(8) If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances.

Damages
(9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate.

Now, the group tried to avoid something called “full indemnity”, which is when the winning side of a lawsuit gets 100% of their costs back. In Ontario, the default is to grant this in cases where lawsuits are dismissed under anti-SLAPP laws. This is Section 137.1(7) of the Courts of Justice Act.

Interestingly, if an anti-SLAPP Motion fails, the Plaintiffs are not automatically entitled to costs.

Dismissing such a case doesn’t mean that the Judge endorses or accepts the views of the Defendants. Instead, it’s a finding that the lawsuit should never have been brought at all. In a (supposedly) free society, shutting down public discourse is rarely a good idea.

In any event, the CFLN attempted to cash in by suing, and it backfired. The result was predictably very expensive.

COURT DOCUMENTS:
(1) CFLN Statement Of Claim
(2) CFLN Statement Of Defense CDN Nurses Association
(3) CFLN Statement Of Defense Together News/Comox Valley
(4) CFLN Responding Motion Record Of Plaintiffs
(5) CFLN Cross Examinations Volume 1
(6) CFLN Cross Examinations Volume 2
(7) CFLN Cross Examinations Volume 3
(8) CFLN Supplementary Motion Record Of Plaintiffs
(9) CFLN Freedom Rally Documentation
(10) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.html
(11) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.pdf
(12) https://canucklaw.ca/canadian-frontline-nurses-1-million-defamation-case-dismissed-as-a-slapp/
(13) https://twitter.com/paulchamplaw/status/1671560050249170950

APPEAL DOCUMENTS:
(1) CFLN Appeal Appellant Factum
(2) CFLN Appeal Respondent Factum
(3) CFLN Appeal Order Security For Costs
(4) CFLN Appeal Notice Of Abandonment

OTHER LINKS:
(1) https://www.canadianfrontlinenurses.ca
(2) https://www.canadianfrontlinenurses.ca/donate
(3) https://t.me/NursesAgainstLockdowns/2229
(4) https://www.cbc.ca/news/canada/london/anti-vaxx-nurse-libel-suit-ontario-1.6698686
(5) https://www.cna-aiic.ca/en/blogs/cn-content/2021/09/09/enough-is-enough-professional-nurses-stand-for-sci
(6) https://comoxvalley.news/quack-quack-these-pro-virus-nurses-have-dangerous-ideas/

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Statement Of Defence Filed In High Profile Bridle Lawsuit

Just before Christmas last year, a 73 page Statement of Claim was filed in Toronto, involving Byram Bridle and the University of Guelph. News of this development lit up the alternative media in Canada. It alleged a grand conspiracy to harass the Plaintiff and destroy his career. While an interesting read, it came across as being very difficult to prove.

It seemed very odd that Bridle was presented both as an expert developing Covid vaccines, and a conscientious objector fighting against Covid vaccine mandates. There’s also no virus, but that’s a discussion for another time.

And since then?

The Defendants responded with an 8 page Statement of Defence. It doesn’t really address the specific allegations, other than to issue a blanket denial. As an aside, it doesn’t appear that David Fisman is covered by this Statement.

To sum up the document in as few words as possible: “Oh yeah? Prove it.”

Several other defences are also raised:

  • The University of Guelph claims that the issues between Bridle, the school, and the various staff members are to be considered an employment dispute. As such, the Court would lack jurisdiction to hear the case, as it would likely be subjected to the collective bargaining rules, which mandate arbitration.
  • On a procedural note, the Defence points out that: (a) there isn’t a concise set of material facts provided; and (b) the Claim attempts to plead evidence.
  • It’s claimed that portions of the lawsuit would be barred by the Limitations Act. This sets time limits as to how long potential litigants have to file.
  • Section 137.1 of the Courts of Justice Act (anti-SLAPP), is raised concerning the online postings. While this would only apply to a portion of the case, everything would be put on hold until that’s resolved. That will take a year or 2.

Even if the Claim were struck because it’s poorly written — which is possible — that’s not a permanent solution. It can likely be redone.

The other defences, such as the Statute of Limitations and collective bargaining, can pose a much bigger problem. Those have the potential to get large portions of the Claim gutted.

Guelph and the other Defendants seem content to dig in, and force Bridle to actually prove his claims at Trial.

Now for the $3 million question: will anything happen to this case? Or will it remain in limbo for years, like so many dead-end lawsuits? We’ll have to see.

(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Claim.pdf
(3) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Defence.pdf
(4) https://canucklaw.ca/byram-bridle-lawsuit-unlikely-to-ever-get-anywhere/

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Ontario Private Member’s Bill 94: Creating “Community Safety Zones” By Eliminating Dissent

New Democrat M.P.P. Kristyn Wong-Tam, the Critic for the Attorney General, Small Business and 2SLGBTQI Issues, has introduced Bill 94, Keeping 2SLGBTQI+ Communities Safe Act, 2023. This would apply throughout the Province of Ontario, if passed and implemented.

This could be expensive, with violations of this resulting in fines up to $25,000.

Looking through Wong-Tam’s Twitter account, it’s full of social justice content, and she comes across as a Communist. Not surprising, given her party affiliation.

Granted, the N.D.P. is in opposition, and has no real power in Parliament. However, that’s no guarantee that it won’t be passed eventually. Now, what’s in the Bill?

2 No person shall, within 100 metres of the boundary of a property where a 2SLGBTQI+ community safety zone is located, perform an act of intimidation, including,
.
(a) causing a disturbance within the meaning of the Criminal Code (Canada);
(b) distributing hate propaganda within the meaning of the Criminal Code (Canada);
(c) uttering threats or making offensive remarks, either verbally or in writing, with respect to matters of social orientation or gender roles; or
(d) engaging in a protest or demonstration for the purpose of furthering the objectives of homophobia and transphobia.

The Bill would give the Attorney General of Ontario the power to declare any place a “community safety zone”, for a period of time. Of course, the time limits are not defined, nor are the sizes or locations of these zones.

The Attorney General would have the power to go to the courts in order to get an injunction against any person who might violate these. Now, that raises the concern that these would be politically motivated.

The term “community safety zone” is also undefined, and open to interpretation.

No effect on peaceful protests, etc.
5 For greater certainty, nothing in this Act prevents peaceful protests or demonstrations.

Now, on the surface, it appears like there is a safety mechanism to protect free speech and free expression. However, this is rather misleading.

By claiming that the content of a protest or demonstration is offensive, it can be shut down. Similarly, legitimate concerns can be smeared as homophobic or transphobic. Moreover, mere offence is enough to shut down public discourse, and that can be weaponized.

And what about things like child drag shows? Would the public be banned from protesting those, under the guise of safety and tolerance? What about transitioning children into the opposite sex?

The Bill also calls for a 2SLGBTQI+ Safety Advisory Committee to be created. Financial support to implement recommendations is included, which means it will cost taxpayers.

Again, this legislation could very well go nowhere, but nothing is assured.

(1) https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-94
(2) https://www.ola.org/sites/default/files/node-files/bill/document/pdf/2023/2023-04/b094_e.pdf
(3) https://twitter.com/kristynwongtam
(4) https://twitter.com/kristynwongtam/status/1643303503979241483
(5) https://twitter.com/kristynwongtam/status/1643328070940499969