Stand Against Proctorio’s SLAPP – Update #26

Hi everyone,

I hope the September start of term has treated you well. It is my favourite time to work in higher education. I always enjoy and honour the privilege of being able to support students as they begin a new academic year.

In my last update, I announced that two organizations had applied for leave to intervene in my appeal: the British Columbia Civil Liberties Association (BCCLA) and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC). On September 1st, 2022, their applications were heard in the BC Court of Appeal.

Both applications have been denied. The judgment was published last week on September 14th, 2022: https://www.bccourts.ca/jdb-txt/ca/22/03/2022BCCA0313.htm

The reasons are self-explanatory. If you or your library have access to The Lawyer’s Daily, they provided some analysis: https://www.thelawyersdaily.ca/civillitigation/articles/39734

Our appeal docket is no longer available on Court Services Online, so for context and in the public interest I have published the original applications: https://drive.google.com/drive/folders/1-EthQ70Ky7pnEowE3ud758Zlgbk9UTf4?usp=sharing

In other news, I would like to share my recent appearance on Terry Greene’s Gettin’ Air podcast. This is the first time I have been interviewed for a podcast, and you may find it interesting. I thank Terry and all those who contributed questions for making it a positive experience. The podcast and transcript are available online: https://voiced.ca/podcast_episode_post/ian-linkletter/

Finally, I can announce that we have a date for my appeal. On December 2nd, 2022, my appeal will be heard. As always, you can review all my defence filings at https://defence.linkletter.org. Our Appeal Factum explains what the appeal is all about: https://drive.google.com/file/d/1PZbSrt2VFPp3RmpyrzJCkaw9NbkXoqyp/view?usp=sharing (3:11pm edit: this was the wrong link earlier)

I thank Arvay Finlay LLP and my lawyers Catherine Boies Parker, Q.C. and Julia Riddle for protecting my freedom of expression from Proctorio’s lawsuit. Thank you too for supporting me and believing in me. I will always do my best.

Sincerely,

Ian Linkletter