My first day in court concluded shortly before 4pm after a full day of arguments. As I explained in my previous update, today was not the hearing of my anti-SLAPP application, as I had hoped. Rather, we were forced to respond to a number of procedural applications brought by Proctorio, including an application to cross-examine me on my private communications, well beyond the eight tweets they’re suing me for.
Today’s application was heard by Justice MacNaughton, who reserved judgment, meaning that we should get an answer in a few weeks. I will post another update when I receive the judgment, and it will be published on the court’s website.
As for my application to dismiss Proctorio’s lawsuit against me under the Protection of Public Participation Act, we have tentatively secured hearing dates for July 26-29, 2021. Although criminal trials and family matters involving children will always take the top priority, I am hopeful my PPPA application will be heard before the one-year anniversary of Proctorio filing its SLAPP suit against me. I very much wish it were still being heard today and tomorrow, but Proctorio succeeded in their effort to delay justice and prolong their injunction.
As many of you know, Proctorio went to court without me on September 2nd. In an uncontested ex parte hearing, they were given an interim injunction restricting my freedom of speech and expression. It is astounding what they were willing to say to get it. I am absolutely sure they wouldn’t have gotten away with this in a contested hearing.
This can’t happen anymore. I want my case to be the last time ever, at least in BC, that a SLAPP takes away someone’s right to free expression. I cannot even begin to express how much harm this injunction has caused to me. I have to watch every word. I am scared to present at conferences, some of which are sponsored by Proctorio. I do not feel safe. It’s no way to live, especially in 2020 and 2021. Proctorio continues to monitor and record my every public statement, as they have been since June 26th, 2020. It’s very creepy.
Over a series of days in August, they were watching me so closely that all I had to do is tweet a link to a YouTube video and it would vanish within hours, even late on a Sunday evening. The affidavits we have filed in this case show that these same videos, and the information therein, were on dozens of University websites. Three of the seven videos had been prominently linked on my employer’s public website since April 2020. Proctorio’s partner, McGraw-Hill, had a detailed interactive demo on their website since before I was sued.
Now, Proctorio claims that all of this information was “confidential.” Yet they haven’t sued any of their customers, the universities and colleges that use academic surveillance software. Be suspicious of Proctorio. Look at how they treat people.
The lawsuit was filed to silence me, punish me, and harm me. But Proctorio will NEVER defeat me. Not with all of you by my side. And we will not be silenced.
Today’s procedural maneuvering by Proctorio has added significantly to my legal expenses, which now extend well over $100,000. It is only through YOUR support that I have even gotten that far. ✨ THANK YOU ✨, to each and every one of you – whether you gave $10 or $1,000 or participated in the Teach-In Against Surveillance – for your generous support of my legal defence. I wouldn’t have made it to today without you.
STAND AGAINST PROCTORIO’S SLAPP!