Although Taseko Mines has lost the defamation case it brought against a non-profit environmental group, this landmark loss could have some greater ramifications for similar companies with staunch environmental critics.
The case the miner brought against the Wilderness Committee was described as a Strategic Lawsuits Against Public Participation (SLAPP) case – wherein the suing company attempts to silence its critics by forcing a long, protracted, and costly legal fight.
The case lasted for five years, ending in the court ruling in the non-profit’s favor. Notably, the case is being held up as a textbook example of why anti-SLAPP legislation should be reinstated in BC.
“We are very proud to have stood our ground, but BC very much needs anti-SLAPP legislation. We were completely innocent and yet this company was able to keep us in the courts for five years — and their pockets are much deeper than ours,” Wilderness Committee national campaigner Joe Foy told
DeSmog Canada.
Originally, BC had passed Canada’s first anti-SLAPP law with the help of the former NDP government. Shortly after the BC Liberals were elected in 2001, they moved to repeal the law. Liberal officials argued that the law would lead to a “protest culture,” hence the decision to nullify the rule.
Currently, Ontario and Quebec are the only provinces that still have anti-SLAPP laws.
Foy voiced his approval for a law that would stop companies from suing their detractors for alleged defamation.
“The company didn’t like what we said about their risky, environmentally destructive open-pit mine proposal — so they took us to court,” he said. “Some industrial projects should be stopped and people need to be able to say that without fear of getting sued.”
The BC Court of Appeal upheld the BC Supreme Court’s decision that Taseko’s suit was launched “to silence critics on a matter of public importance.”
“We are very proud to have stood our ground, but B.C. very much needs anti-SLAPP legislation. We were completely innocent and yet this company was able to keep us in the courts for five years — and their pockets are much deeper than ours,” it said in a statement.
Related stories:
Environmental law advocacy group calls for BC to sue fossil fuel companies
BC mining company on the hook for polluting river
