2nd Session, 43rd Legislature

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Bill 23

THE PUBLIC INTEREST EXPRESSION DEFENCE ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

INTRODUCTORY PROVISIONS

Definitions

1   The following definitions apply in this Act.

"administrative proceeding" means a proceeding before an administrative tribunal. (« instance administrative »)

"administrative tribunal" means an administrative tribunal as defined in The Administrative Tribunal Jurisdiction Act. (« tribunal administratif »)

"dismissal motion" means a motion made under subsection 3(1). (« motion en rejet »)

"expression" means any communication, regardless of whether it is made verbally or non-verbally, whether it is made publicly or privately, and whether or not it is directed at a person or entity. (« expression »)

"judge" means a judge of the Court of King's Bench. (« juge »)

"moving party" means the person who makes a dismissal motion. (Version anglaise seulement)

"proceeding" has the same meaning as in The Court of King's Bench Act. (« instance »)

"responding party" means a person who is responding to a dismissal motion. (« intimé »)

Purpose

2   The purpose of this Act is to

(a) reduce the risk that fear of legal action will limit discussion and debate on matters of public interest; and

(b) discourage the use of litigation as a means of limiting discussion and debate on matters of public interest.

ORDER DISMISSING PROCEEDING

Dismissal motion

3(1)   A person against whom a proceeding is brought may make a motion to dismiss the proceeding on the basis that the proceeding arises from an expression made by the person that relates to a matter of public interest.

When proceeding to be dismissed

3(2)   Subject to subsection (3), the judge hearing a dismissal motion must make an order dismissing the proceeding if the moving party satisfies the judge that the proceeding arises from an expression described in subsection (1).

When proceeding must not be dismissed

3(3)   The judge must not dismiss the proceeding if the responding party satisfies the judge that

(a) there are grounds to believe that

(i) the proceeding has substantial merit, and

(ii) the moving party has no valid defence in the proceeding; and

(b) the harm likely to have been or to be suffered by the responding party as a result of the moving party's expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression.

No further steps in proceeding

4(1)   Once a dismissal motion is made, no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally resolved.

Exception for injunction

4(2)   Subsection (1) does not apply to any steps in a proceeding relating to an injunction.

No amendment to pleadings

5   Unless a judge orders otherwise, the responding party must not amend their pleadings to

(a) prevent or avoid the proceeding being dismissed under subsection 3(2); or

(b) continue the proceeding if the proceeding is dismissed.

Costs on dismissal

6(1)   If the judge dismisses the proceeding, the moving party is entitled to costs on the dismissal 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 denied

6(2)   If the judge does not dismiss the proceeding, the responding party is not entitled to costs on the dismissal motion unless the judge determines that such an award is appropriate in the circumstances.

Damages

7   On a dismissal motion, the judge may, on their own initiative or on motion by the moving party, award the moving party such damages as the judge considers appropriate if the judge finds that the responding party commenced the proceeding in bad faith or for an improper purpose.

PROCEDURAL MATTERS

Procedural rules re dismissal motion

8(1)   Subject to this section, a dismissal motion must be made in accordance with the Court of King's Bench Rules.

Timing

8(2)   A dismissal motion may be made at any time after the proceeding has commenced.

Hearing of dismissal motion

8(3)   A dismissal motion must be heard as soon as practicable.

Limit on cross-examination

8(4)   Subject to subsection (5), cross-examination on any affidavits filed in relation to the dismissal motion must not exceed a total of seven hours for all plaintiffs and seven hours for all defendants.

Extension of time

8(5)   A judge may extend the time permitted for cross-examination on affidavits if the judge considers it necessary in the interests of justice.

Appeal

9   An appeal of a decision made on a dismissal motion must be heard by The Court of Appeal as soon as practicable.

STAY OF RELATED

ADMINISTRATIVE PROCEEDING

Stay of related administrative proceeding

10(1)   If the responding party has commenced an administrative proceeding that the moving party believes to be related to the same matter of public interest as the proceeding in which the dismissal motion was made,

(a) the moving party may file a copy of the notice of dismissal motion with the administrative tribunal; and

(b) despite any other Act, the filing of the notice of dismissal motion operates as a stay of the administrative proceeding.

Notice of stay

10(2)   The administrative tribunal must give each party to the administrative proceeding

(a) a copy of the notice of dismissal motion that was filed with the tribunal; and

(b) notice of the stay.

Duration of stay

10(3)   Subject to an order under section 11, the stay of an administrative proceeding under subsection (1) remains in effect until the dismissal motion, including any appeal arising out of the motion, has been finally resolved.

Motion to lift stay

11(1)   A party to an administrative proceeding stayed under section 10 may make a motion to lift the stay. The motion must be made to

(a) a judge, if the dismissal motion has not yet been decided by a judge; or

(b) a judge of The Court of Appeal, if the dismissal motion has been decided and that decision is under appeal.

Order to lift stay

11(2)   The judge hearing a motion under subsection (1) may make an order lifting the stay if, in the judge's opinion,

(a) the stay is causing or is likely to cause undue hardship to a party to the administrative proceeding; or

(b) the administrative proceeding is not sufficiently related to the proceeding in which the dismissal motion was brought to warrant the stay.

MISCELLANEOUS PROVISIONS

Application

12   This Act does not apply to a proceeding that was commenced before the coming into force of this Act.

Rights not limited

13   The remedies under this Act are in addition to any other right or remedy that may otherwise be available to a party in a proceeding.

C.C.S.M. reference

14   This Act may be referred to as chapter P218 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

15   This Act comes into force on the day it receives royal assent.