1. Believe underrepresented folks signalling/telling abuse, aggression, anxiety, & bullshit they navigate.
2. Those w/privilege must be >good, we must be helpful.
3. We are learning about reprehensible behavior, we can expect bad responses.
So, THREAD: brutal defamation laws.

Before we start and just to be 100% clear about where I'm coming from: this thread is about making sure that survivors are armed with enough information so they avoid accidentally putting themselves in a situation leading to to further trauma by court processes/abuser plaintiffs.

While social media/Internet allows "whisper networks" (an important tool of the oppressed) to be made public, it would be awful to see anyone re-traumatized by shit-heels that ALREADY abused their privilege or power. This is not meant to silence, but educate. Links coming @ end.

It's been known since the "original" #MeToo movement that Canada's defamation laws are a problem. I'll highlight a quote here (see picture), for those who don't know it: libel chill -sucks-, and Canada's one of the worst places in the world for it.

Here's the TL;DR version of why Canada's defamation landscape is bad for underrepresented folks: to make out a defamation case in Canada it does NOT matter whether what you're saying about someone is true. Instead, it hinges on whether the person's reputation would be lowered.

In , all a plaintiff has to do to bring a lawsuit is show you communicated, it was about them, and it might lower their reputation. Once they do that...

... the onus shifts to the DEFENDANT to prove that the statements were likely true.

In the US (please note, I'm not qualified there), it's very different. The plaintiff has to prove both that the statement about them was false and that it brought damage. That's a very different bar to reach, and it's one that stops MANY a defamation suit in their tracks.

So here's what I'm worried about. Cdn person in gaming industry has been abused or otherwise subject to some privileged asshole's BS. They see folks posting their stories on @Twitter/ @twitlonger & decide to speak out. That same privileged asshole sues in Canada.

What happens next is devastating. Lawsuit is draining mentally, physically, emotionally & financially, even if you "win." There's C&D letter, demands, claims, defense, depositions, court appearances, mediations, etc. It's basically a chance for the abuser to re-abuse.

We must do something about this, but provinces haven't (to my knowledge). Fed gov't has said (probably rightly) it would be unconstitutional for them to act. We must have a court or legislative solution to this, but to my knowledge not yet.

If you're a Canadian survivor of abuse or want to speak out about mistreatment, please be careful about what you publicly say and please be careful to speak to trusted people.

Despite the dire situation, there ARE metes/bounds of CDN defamation laws, so tips (NOT LEGAL ADVICE):

1. Even our ridiculous laws don't protect someone's feelings from insult or injury to pride. " @RyanJBlack's an asshole" might hurt my feelings, but I can't sue over it.
2. Said something a while ago? There are limitation periods that "bar" suits for defamation. Prov-by-prov.

3. Defamation must be about someone. It's (probably?) not defamatory to me personally if someone says "Every lawyer I've dealt with is an asshole" unless I'm the only lawyer that person's dealt with and others would know that.
4. In person comms are better than in writing*

(* not because defamation can't happen in person, but for the practical reasons: harder to prove, establish, etc.)
5. Reach out to lawyers. We're not as scary as Ally McBeal made us out to be. Every province should have legal advice clinics and law socities/bar associations.

In sum, we need to (but haven't done enough to) protect the voices of the underrepresented in Canada. Be careful, but know that some battles are worth fighting. You will find many allies. Lean on them. We're listening and we want to do more than just stand by.

Links (please note I'm based in BC):
Dial-A-Law (People's Law School): https://dialalaw.peopleslawschool.ca/defamation/ 
2018 magazine article (TW abuse): https://www.flare.com/news/canadian-libel-law/
My article about CDN damages https://www.dlapiper.com/en/canada/insights/publications/2020/02/online-defamation-damages-in-canada/
Find-A-Lawyer (Law Society): https://www.lawsociety.bc.ca/working-with-lawyers/finding-a-lawyer/

DISCLAIMER: I've done my best to balance my genuine concern for the voices we need to hear from with the reality of our stunningly silencing defamation laws. If you are concerned with any of what I've said, please let me know.