Law Times

Page 6 June 10, 2013 • Law Times COMMENT u Editorial obitEr By Glenn Kauth SLAPP bill welcome I t took a long time, but the Ontario government has finally come forward with legislation to deal with strategic litigation against public participation. Last week, Attorney General John Gerretsen announced he was introducing the protection of public participation act to deal with SLAPPs. Central to the proposal is a plan to have courts quickly convene hearings to determine whether a lawsuit is a SLAPP within 60 days and therefore decide whether it can proceed. The bill largely targets frivolous defamation lawsuits aimed at silencing legitimate comment on a matter of public interest. Given the risks and financial burden suffered by those targeted with a SLAPP, it's important to provide a mechanism to protect them. Lawsuits are expensive and can take a long time, so it's easy to see how a statement of claim can intimidate those who might, for example, have cause to publicly criticize a development project or raise environmental concerns. The government is basing its legislation on the recommendations of a panel appointed in 2010 and headed up by University of Toronto Faculty of Law dean Mayo Moran to look into the issue. Among other things, the panel called for a test for judges to quickly recognize SLAPPs. Defendants, for example, would have to show the case involves the protected activity of public participation. Once they establish that, the burden then shifts to plaintiffs to show the case has substantial merit; there are significant grounds to believe no valid defence exists; and the harm they've suffered outweighs that done to the public interest by allowing the action to continue. The government, of course, took a while to move on the recommendations that date back to 2010. But it no doubt considered the issue carefully given the potential legal pitfalls, such as constitutional and other challenges likely to emerge from those unhappy with the consequences of a SLAPP ruling, at stake. The recommendations are, however, reasonable, and the fact that the issue has raised little opposition so far is a good sign. In addition, the legislation has the side benefit of speeding up the legal process. That's certainly good for defendants as well as for the public and the justice system in general. A key challenge is the fact Ontario's legislature hasn't been particularly productive in getting bills passed during the current minority tenure. But with the Liberals and the NDP supporting the antiSLAPP bill, this is one piece of legislation the legislature should be able to pass fairly quickly. — Glenn Kauth Should we credit terrorist for sparking immigration changes? A 70-year-old Palestinian-Lebanese grandfather with a 45-yearold criminal record for manslaughter left his Canadian family behind as he departed Canada under armed guard aboard his own chartered police flight last month and ended what Immigration Minister Jason Kenney called "a comedy of errors." Mahmoud Mohammad Issa Mohammad went to Lebanon and ended a 26year stay in Brantford, Ont., that Kenney said was due to "a broken immigration system" the Conservative government finally fixed in February. Mohammad was a teacher in Lebanon when the Popular Front for the Liberation of Palestine recruited him in 1968 to travel on Air France to Athens with an accomplice and attack an El Al jet parked on the runway. Standing on the tarmac on Dec. 26, 1968, the pair sprayed an Israeli commercial airline with bullets from their unregistered firearm while Mohammad tossed an incendiary grenade into one of the engines of the Boeing 707. Mohammad had believed information from handlers in Lebanon that the airliner would be empty. In fact, there were Israeli military people on board, Law Times Service agent. one of whom, engineer Leon Mohammad in Shirdan, died in the attack. The Hill ronto on Feb. 25,landedBut To1987. the A Greek court eventually next day, two guys from CSIS sentenced Mohammad to 17 confronted him in Brantford. years for manslaughter. But Mohammad says the CSIS some time later, when a terrorpair threatened to throw him ist gang hijacked an Olympic out of the country for having Airways plane, the Greeks barlied about his criminal record gained Mohammad's release in unless he co-operated with return for the hostages' freedom. Mohammad had had Richard Cleroux them. That's when 26 years of fun and games began involvenough with terrorism and began wandering around Europe and the ing nighttime surveillance, endless CSIS Middle East as a businessman buying interviews and hounding, immigration and selling cloth and textiles. He married hearings, court cases, and endless apa Lebanese woman along the way and peals. Mohammad never gave up. Kenney described the situation in ended up in Madrid where he decided in 1987 that Canada was the place he want- mid-May as "a system that was so bogged ed to be as he had a brother in Brantford. down in redundant process and endless A Canadian immigration official appeals that it seemed to some that we interviewed him in Madrid. Moham- would never be able to enforce the integmad gave his real name, age, and place rity of Canada's immigration system." Mohammad "made a mockery of our of birth but he lied about one thing: his legal system," according to Kenney. But this conviction for a major crime. Many years later, Mohammad told is the same Kenney who criticized our imme during my research on the case he migration system for "a comedy of errors." thought it was odd the Canadian offi- So which one is it? Mohammad's lawyers called it "due cial in Madrid didn't realize who he was. He said he thought the orders had come process." He arrived when Brian Mulfrom Canada to let him in so it could use roney was prime minister and stayed on him as a Canadian Security Intelligence under Kim Campbell, Jean Chrétien, Paul Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 Tel: 416-298-5141 • Fax: 416-649-7870 • www.lawtimesnews.com Group Publisher . . . . . . . . . . . . . . . . . . . Karen Lorimer Editorial Director . . . . . . . . . . . . . . . . . . . Gail J. Cohen Editor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Glenn Kauth Staff Writer . . . . . . . . . . . . . . . . . . . . . . . .Yamri Taddese Staff Writer . . . . . . . . . . . . . . . . . . . . . . Charlotte Santry Copy Editor . . . . . . . . . . . . . . . . . . . . . . Mallory Hendry CaseLaw Editor . . . . . . . . . . . . . . . . . Adela Rodriguez Art Director . . . . . . . . . . . . . . . . . . . . . . Alicia Adamson Production Co-ordinator . . . . . . . . . . . . . Catherine Giles Electronic Production Specialist . . . . . . . Derek Welford Advertising Sales . . . . . . . . . . . . . . . Kimberlee Pascoe Sales Co-ordinator . . . . . . . . . . . . . . . . . . . Sandy Shutt ©2013 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd., 2075 Kennedy Rd., Toronto, ON, M1T 3V4 • 416-298-5141 clb.lteditor@thomsonreuters.com circulations & subscriptions $179.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $145 + HST per year for online only. Single copies are $4.50. Circulation inquiries, postal returns www.lawtimesnews.com Martin, and, finally Stephen Harper. Harper promised a new immigration law to speed up cases such as Mohammad's when he took office in 2006. But with Harper, things take time, so Mohammad remained in Canada until this year. But in February 2013, the Conservatives got their act together and passed the Faster Removal of Foreign Criminals Act that makes it easier to deport foreigners with criminal records for serious crimes. Kenney almost voices a sort of appreciation for Mohammad. He says Mohammad "represents just how broken Canada's immigration system had become under previous governments." He's almost giving the old man credit for helping change the immigration law. So maybe Mohammad did do something good for Canada. His family members, who remain in Canada, may be able to go see him in Lebanon. As for Shirdan's son, he moved to Canada and settled down about an hour away from Brantford. LT Richard Cleroux is a freelance reporter and columnist on Parliament Hill who wrote a book that took a look at Mohammad's case. His e-mail address is richardcleroux@rogers.com. and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Ellen Alstein at ............ 416-649-9926 or fax: 416-649-7870 ellen.alstein@thomsonreuters.com advertising Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Karen Lorimer ....................................416-649-9411 karen.lorimer@thomsonreuters.com Kimberlee Pascoe ..............................416-649-8875 kimberlee.pascoe@thomsonreuters.com Sandy Shutt...... sandra.shutt@thomsonreuters.com

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