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Toi , tais-toi --

Toi , tais-toi --. De ce qui n’est pas dit quand il va sans dire. RODERICK A MACDONALD F.R. SCOTT PROFESSOR OF CONSTITUTIONAL AND PUBLIC LAW. MCGILL UNIVERSITY, FACULTY OF LAW JANUARY 24, 2012. TOI, TAIS-TOI - -. Introduction The definition and pattern of SLAPPs

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Toi , tais-toi --

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  1. Toi, tais-toi -- De ce qui n’est pas ditquandilva sans dire RODERICK A MACDONALD F.R. SCOTT PROFESSOR OF CONSTITUTIONAL AND PUBLIC LAW MCGILL UNIVERSITY, FACULTY OF LAW JANUARY 24, 2012

  2. TOI, TAIS-TOI - - • Introduction • The definition and pattern of SLAPPs • The problems to which anti-SLAPP legislation is addressed • Mechanisms for modulating SLAPPs • The National Assembly’s strategic choices • Conclusion: analysis of the strategic choices

  3. INTRODUCTION Litigation is the continuation of war by other means

  4. Foundational Principles of the C.C.P. • 2. The rules of procedure in this Code are intended to render effective the substantive law and to ensure that it is carried out; • The provisions of this Code must be interpreted … so far as possible, in such a way as to facilitate rather than to delay or to end prematurely the normal advancement of cases. • 4.1.… the parties … must refrain from acting with the intent of causing prejudice to another person or behaving in an excessive or unreasonable manner, contrary to the requirements of good faith. • 4.2.…the parties must ensure that the proceedings they choose are proportionate… to the nature and ultimate purpose of the action or application… INTRODUCTIONLitigation is the continuation of war by other means

  5. Definition and pattern of slapps Strategic Lawsuits Against Public Participation

  6. Definition and pattern of slapps Improper Purpose, Disproportionate prejudice, Resource Inequity & Procedural Manipulation

  7. Definition and pattern of slapps Improper Purpose, Disproportionate prejudice, Resource Inequity & Procedural Manipulation

  8. the problems of slapps AKA THE JUSTIFICATIONS FOR ANTI-SLAPP LEGISLATION

  9. the problems of slapps AKA THE JUSTIFICATIONS FOR ANTI-SLAPP LEGISLATION

  10. the problems of slapps AKA THE JUSTIFICATIONS FOR ANTI-SLAPP LEGISLATION

  11. the problems of slapps AKA THE JUSTIFICATIONS FOR ANTI-SLAPP LEGISLATION

  12. the problems of slapps AKA THE JUSTIFICATIONS FOR ANTI-SLAPP LEGISLATION

  13. Mechanisms for modulating SLAPPs • STRATEGIES FOR PREVENTING ABUSE OF THE SYSTEM

  14. Mechanisms for modulating SLAPPs PROACTIVE INTERVENTION FUNDING STRATEGIES FOR PREVENTING ABUSE OF THE SYSTEM

  15. Mechanisms for modulating SLAPPs STRATEGIES FOR PREVENTING ABUSE OF THE SYSTEM

  16. The national assembly’s Strategic choices The Code of Civil Procedure

  17. The national assembly’s Strategic choices The Code of Civil Procedure

  18. The national assembly’s Strategic choices The Code of Civil Procedure

  19. conclusion Analysis of the strategic choices

  20. 1 2 conclusion Analysis of the strategic choices 3 5 4

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