Today I have some updates regarding Proctorio’s Strategic Lawsuit Against Public Participation (SLAPP).
First, I have a personal announcement. After 10 years and 3 months at UBC, I have started a new chapter at BCIT Library as an Emerging Technology & Open Education Librarian. So, Proctorio is now suing a librarian. For copyright infringement.
This Friday, January 28th, 2022, Proctorio will be in the British Columbia Court of Appeal arguing that their first BC Supreme Court loss was actually a judicial mistake. You may review the judgment Proctorio is appealing, published June 14th, 2021: https://canlii.ca/t/jgf6b
In her judgment, Justice MacNaughton made evidentiary rulings that my private communications and ongoing critical expressions are not relevant to Proctorio’s SLAPP. Now, before my Protection of Public Participation Act (PPPA) application has been heard, Proctorio wants another chance to expand their lawsuit. They have already succeeded in causing delays and increasing costs, but they will be held accountable. We seek special costs on the appeal.
I welcome you to watch. The Court of Appeal has just published its hearing list for the week, which contains a Zoom link for Friday’s 10am hearing. If you do choose to attend, please note the restrictions on recordings and screenshots: https://www.bccourts.ca/court_of_appeal/hearing_list/
Proctorio’s appeal is meritless. My lawyers, Catherine Boies Parker, Q.C. and Caroline North of Arvay Finlay LLP, have written a brilliant factum. You can review it ahead of Friday, as it is now published at https://defence.linkletter.org and available via this direct link: https://drive.google.com/file/d/1PZbSrt2VFPp3RmpyrzJCkaw9NbkXoqyp/view?usp=sharing
Proctorio’s appeal, just like their original SLAPP, is designed to scare me and others away from criticizing them. This is called a “chilling effect”. They want to invade my privacy and that of those who have communicated with me. While they already failed once in the BC Supreme Court, they continue their efforts in the United States.
Some of you are aware that Proctorio is also suing a student, Erik Johnson, in the United States. I want to respect his privacy as he faces his own SLAPP, and won’t write much more about it. The Electronic Frontier Foundation is representing him, so I know he is in good hands.
Even though I am not party to that lawsuit, Proctorio has been trying to get my private communications through its discovery process. Erik was subpoenaed for private communications with me. In December, my lawyers were contacted by a digital rights advocacy group. Proctorio subpoenaed them too, for my private communications. Will this harassment never end? I tweeted 7 links to YouTube videos, and one screenshot. This is obscene.
The last time I wrote to you, I was disappointed that November’s Protection of Public Participation Act hearing had been bumped due to a shortage of judges. I am happy to report that it has been rescheduled for February 7th to 11th, 2022. That’s only two weeks away! Finally, my anti-SLAPP application will be heard!
Thank you all. It has now been over 500 days since I was sued, and I don’t know when this will be over. I look forward to celebrating more victories with you, and will keep you posted as they come. Thanks to all of you, to AAPS, to my family, and to my wife. Your support got me here, and together we will defeat Proctorio’s SLAPP.
I can be contacted by members of the media at press at linkletter.org.