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Vancouver mayoral race becomes the latest election campaign with a lawsuit

Gregor Robertson unveils Vision Vancouver affordability plan

In Canada, we’ve seen some high profile instances of politicians suing their political rivals over libel or defamation.

The latest case comes from Vancouver in what’s turning out to be a very nasty mayoral contest.

On Thursday, current Vancouver Mayor Gregor Robertson and city councillor Geoff Meggs launched a libel suit against the Non-Partisan Association (NPA) and their mayoral candidate Kirk LaPointe.

The suit alleges that “the defendants published or caused to be published…false and defamatory words concerning the plaintiffs” about the nature of a union donation.

The full suit can be read here.

LaPointe and the NPA responded with a this press release:

Today, the Non-Partisan Association and I received a legal action by Vision Vancouver’s Gregor Robertson and Geoff Meggs in an attempt to stop our criticism of their party’s record and behaviour.

The NPA recognizes intimidation by lawsuit as a typical tactic of Robertson and Vision. This legal action can now be added to the countless costly, time-consuming suits involving community groups and individuals across the city.

Recently, there have been other law suits involving political opponents.

Last April, Ontario Premier Kathleen Wynne named then Progressive Conservative Party leader Tim Hudak in a $2 million libel suit for alleged remarks linking her to a police investigation regarding that province’s power plant scandal.

Hudak and the PC’s vowed to fight the lawsuit but lost the June election.

More recently, according to the Toronto Star, outgoing Brampton Mayor Susan Fennell has filed a libel notice against “two city councillors, accusing them of defamatory statements” regarding an office expense scandal that had embroiled her office in recent months.

The law suits are an interesting element to election campaigns but, according to Toronto-based libel lawyer David Potts, this isn’t a new phenomena.

"The Australians have an expression…’when the writ (for the election) is dropped, the writs start to fly.’" he told Yahoo Canada News by email.

"It’s just [now] easier to report and republish info about libel actions."

Potts has published a brochure on his website titled “A Defamation Checklist for Politicians.

Here’s an excerpt from that:

During an election campaign, harsh and unflattering statements are often made by political opponents and the media, for there appears to be greater latitude extended towards these statements at that time, than at any other time. However, such latitude is not extended in law. For example:

1. The courts have held that election campaigns do not provide a licence for defamation.

2. They have also held that defamatory statements at political meetings - attended by the press - are not protected by any particular or special defence.

3. Unlike the United States, we do not have a first amendment or public figure defence. So, the laws of libel apply as vigorously during election periods as they do at any other time.

Not everyone, however, agrees with the litigiousness of some wannabe politicians.

B.C. based libel lawyer David Sutherland warns that "the threat or fear of a libel lawsuit constrains the dialogue among candidates and ratepayers, on matters of public interest and concern.”

"The highest Court has said that protection of reputation is every bit as important as freedom of speech on political matters. That sets the tone," he told Yahoo Canada News in an email exchange adding that lawyers sometimes launch political lawsuits to “muzzle” opinions.

"Trial Judges tend to look at the particular situation and perhaps less at the broad principles and the long-term.

"And Canadians put up with it."

Residents of Vancouver head to the polls on November 15th.

Robertson who first became mayor in 2008 has led in most of the opinion polls.

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