Strategic Lawsuits Against Public Participation Report 2008

25 (57)5 state that the right to participate in public affairs is an essential condition for the effective exercise of the right to freedom of expression and right of association and implies the free communication of information and freedom of the press. [...] Québec courts have not interpreted the article as authorizing the award of additional costs to punish bad faith or abuse of process.50 [54] In Viel, the Court of Appeal of Québec emphasized that only abuse of the right of access to the courts may be punished by an award of damages representing extrajudicial fees.51 [55] According to the Court of Appeal, abuse of the right of access to the courts,. [...] The orders available were: payment by the plaintiff of all of the defendant’s reasonable costs and expenses relating to the claim or to an application under the Act; punitive or exemplary damages against the plaintiff in the discretion of the court; security of costs to be provided by the plaintiff; court approval of any settlement, discontinuance or abandonment. [...] [70] The subsequent minister, in bringing forward legislation to repeal the Act, argued that the Act was unnecessary as there are sufficient means of protection against abusive and unmeritorious lawsuits generally: in the power of the court to control abuse of process; and in the Rules of Court, including rules respecting the dismissal of frivolous and vexatious claims, allowing for summary trial,. [...] [77] The third proposed solution, taking into account that the relevant rights are enshrined in the Charter of Human Rights and Freedoms, is to amend certain articles of the Code of Civil Procedure and create a special fund, in a specific legislation aimed at protecting the courts against misuse of the judicial system and encouraging citizen participation in public debate and the exercise of their.