LEGAL ISSUES: POWELL RIVER
Civil liberties group slams city's threat to sue councillor, residents
CATHRYN ATKINSON
SPECIAL TO THE GLOBE AND MAIL
APRIL 7, 2008
The City of Powell River is threatening legal action against one of its own councillors and two city residents for online criticisms about a controversial plan to borrow money for the renovation of a local marina. The B.C. Civil Liberties Association has waded into the squabble by sending a five-page letter to Mayor Stewart Alsgard and council that calls the threat of a defamation suit as "profoundly undemocratic," and an attempt to muzzle debate by scaring opponents of the marina renovation by the "perverse deployment of [strategic lawsuits] to cleanse the forum of political criticism."
Councillor Patricia Aldworth and retirees Noel Hopkins and Winslow Brown were each sent letters by Powell River's solicitors Woodward Walker ordering them to retract three separate comments. Ms. Aldworth, newly elected to the council after a by-election on Feb. 23, made her alleged defamatory statement in an e-mail sent to Powell River citizens during the election campaign.
Mr. Hopkins's came in a letter-to-the-editor that appeared on the website of the local newspaper, The Powell River Peak, and Mr. Brown's alleged defamatory statement was made in a single sentence on the same website, in response to Mr. Hopkins's letter.
Ms. Aldworth believes her council colleagues were angered after a public campaign led to the failure of the Alternative Approval Process (AAP) for borrowing money in February, which now leaves the $7-million renovation plan in the lurch. The AAP allows a municipality to borrow money without a referendum, so long as it is publicized and less than 10 per cent of the electorate formally object.
Ms. Aldworth said around 2,000 residents, twice as many as were needed, filled in forms requesting that council reject the plan. "It's really bizarre. What [Powell River's solicitor] wanted us to do was retract what we had said. I was totally unwilling to do that because I knew what I had said was not defamatory, and I also really questioned the legality of a government bringing an action against their citizens with their own money," said Ms. Aldworth, herself a lawyer.
Mr. Hopkins has also said he does not plan to back down, but Mr. Brown made a public apology at a council meeting on March 11. John Dixon, a former president of the BCCLA, drafted the letter. He said the criticism by what he called "The Powell River Three" was fair comment and not especially scathing. "Here's this very mild stuff. They are not accusing any individual of anything; it's the city in total. And it struck me as outrageous and I went back to [BCCLA] lawyers [for their opinion]," he said.
Dr. Dixon said the association found two similar cases in Ontario of defamation actions brought by municipalities against residents who criticized their actions. "Both judgments were utterly conclusive: [defamation law] can't be legitimately available to any government of Canada with respect to criticisms levelled against it by individual citizens," said Dr. Dixon. "The case in Powell River is off the wall. Here is a city threatening three residents who make mild claims ... and sends these threatening letters out and these people are terrified."
Despite having Mr. Hopkins's letter and Mr. Brown's response to it published on their website, The Powell River Peak was not sent a lawyer's letter. Publisher Joyce Carlson said the council had never taken this route with dissent previously, and added that the newspaper's letters pages were full of angry letters criticizing the council. "It's difficult for me to actually figure [the council's motivation] out, because I can't believe the city council would do that," she said. "I am surprised that anyone would advise them that this would be the avenue to take."
The editor of the newspaper had asked questions about the case in council but had not received any answers, she added. A spokeswoman for Powell River confirmed they had received the letter from the BC Civil Liberties Association on Thursday. A request for an interview with Mr. Alsgard or another spokesperson was not answered.
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