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“Shocking” case of libel chill in BC
by Scott Gilbreath ~ December 3rd, 2008
A man in Vernon, BC, has been found guilty of defamation for opinions expressed in his own home. Jack Aasen and his wife invited a stranger into their house who led them to believe he was thinking of moving to the neighbourhood. In fact, he was a private investigator hired by Brad Chapman, the owner of the company providing private sewer and water services to the area, and he surreptitiously recorded their conversation.
The Aasens and their neighbours had launched a public protest when Mr Chapman’s company raised utility rates to double those prevailing in nearby municipalities.
Court records show Wayne Farr, a private detective hired by Chapman to gather evidence for a defamation case, told Mr. Aasen he was from out of town, and that he and his wife were thinking of buying a home in the area. He wanted to know more about Canadian Lakeview Estates, where the Aasens live. The couple invited him in to show him the view and had a friendly chat.
“This fellow came to our house and asked us questions,” said Mr. Aasen. “I thought I was helping him — but I was actually talking to a private detective who was there to create evidence against us. To create this case.”
The BC Supreme Court threw the case out after considering a written transcript of the tape recording. The BC Court of Appeal overturned the lower court’s ruling and found in favour of Chapman.
Michael Vonn, policy director for the B.C. Civil Liberties Association, calls the decision “shocking”.
“You should be able to speak your opinion and you should be able to speak about issues of public importance anywhere.
[…]
Vonn said the case against the Aasens is a classic example of what’s known as a Strategic Lawsuit Against Public Participation, or SLAPP.
BC’s former NDP government enacted anti-SLAPP legislation in 2001, but it was repealed by the subsequently elected Liberal government. Attorney General Wally Oppal says he has no plans for legal reforms to protect freedom of expression inside one’s own home.
“There is no easy solution to this and there are no easy answers to that because there are competing interests involved. On the one hand, a person has the right to get involved in a public issue and a public endeavour openly and on the other hand we have to ensure that someone is not harmed or defamed.”
What “harm” did Brad Chapman suffer from comments uttered behind closed doors to a man he himself engaged to dig up dirt on his customers? If his reputation is in tatters, that is because of his own deceit. This guy not only wants his captive clients to pay double the customary rates for utility services—he wants them to shut up about it, too.
Mr Chapman did not respond to CBC requests for an interview. I wonder why not.
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December 4th, 2008 at 03:29 PM
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