The B.C. Civil Liberties Association is upset with the City of Prince George for threatening to sue a local resident for defamation.
Association president Robert Holmes said a citizen's right to publicly criticize governments is enshrined in the Canadian Charter of Rights and Freedoms.
"In a free society, it's essential that people be able to speak their mind," Holmes said. "Just as a matter of principle, I would really be seriously concerned if those in positions of power in local government should go out and make threats about what members of the public can and cannot say ... The better approach, and cheaper approach, is to speak out and say you disagree, and why you disagree, and let the people decide."
An ongoing small claims court dispute between Thompson Drive resident Laurie MacIntosh and the city about groundwater damage to his home escalated on Feb. 1, when Vancouver-based lawyer Bryan Baynham sent him a letter on behalf of the City of Prince George threatening to sue him for defamation.
The letter was in response to a 41-page letter sent by MacIntosh to city council on Jan. 23, outlining his concerns with the way his complaints have been handled by city staff. In the letter, MacIntosh requested city council take action on the issue or he would consider publishing his concerns on his website.
In his response, Baynham wrote that MacIntosh's allegations about two city officials were, "injurious and false," and demanded MacIntosh "...immediately confirm you will cease your defamatory conduct," or face legal action.
"I'm a citizen and I've voiced concerns about city policy and the conduct of city staff, and I've been threatened with a lawsuit," MacIntosh said. "That's the beginning of tyranny."
After an exchange of letters with Baynham in which the city's lawyer reinstated the city's position, MacIntosh approached the B.C. Civil Liberties Association for help.
Holmes said while he has no idea if MacIntosh's concerns are true but he should not be silenced by threats of a defamation suit.
If MacIntosh does publish his letter, and there are defamatory allegations against specific city staff or city councillors, then it is up to those individuals to seek their own legal remedies, Holmes said.
There have been recent cases to support MacIntosh's stance, Holmes explained.
In 2009, the City of Powell River sought a defamation suit against several people who were vocally critical of a piece of city policy. A Powell River resident, John Dixon, brought a lawsuit against the City of Powell River for its actions.
B.C. Court of Appeal Justice Nicole Garson ruled against the City of Powell River.
Mayor Shari Green declined to comment on the issue.
"The only thing I can say is the matter is before the courts," Green said.
On May 2, MacIntosh will be seeking a court ruling to force the city to disclose documents he alleges support his small claims lawsuit. None of MacIntosh's allegations have been proven in court.
