When you’re an outspoken critic of the police, they want to shut you up.

By  | February 3, 2019 | 5 Comments | Filed under: Announcements
2018 was a quiet year for me, and this is why.  In June, I was served with a lawsuit filed at the Human Rights Tribunal by the Waterloo Regional Police Service.  They alleged that I violated the terms of my resignation agreement, despite me having refused to sign a non-disclosure clause (a gag order). 

Because I faced legal action for virtually everything I have done, (public speaking engagements, news appearances, writing my book, etc), it made it a very difficult year for me to do… Well, anything!  I was scared to appear to be openly publicizing my business or my book for fear of further litigation.

In September, I filed an application with the Ontario Superior Court of Justice to have Waterloo’s case dismissed because it was (in my opinion) a Strategic Lawsuit Against Public Participation.  Ontario adopted Anti-SLAPP laws in November, 2015, and I believed this could help me.  For more information on Bill 52, click here.
The result?
Well, the Judge did not allow me to proceed with my application, citing that Courts of Justice Act section 137.1 only applies to lawsuits filed at court, not those filed at Tribunals.  I believe this needs to change, and the law needs to be updated, or else big, deep-pocketed corporations will just continue to sue through administrative tribunals, and avoid the scrutiny of Courts.

However, Madam Justice Favreau had some harsh words to say about the priorities and actions of the police service.  
Read the full decision here
Next Steps I am back in court against Waterloo Regional Police Service: February 13th in Brampton Court, 7755 Hurontario Street, Brampton; andFebruary 22nd at the Ontario Human Rights Tribunal, 655 Bay Street, Toronto
Stay tuned for outcomes.
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5 Responses to When you’re an outspoken critic of the police, they want to shut you up.

  1. agmarshall@rogers.com'
    alan marshall February 4, 2019 at 4:31 pm

    I am a little confused about lawsuits at court versus lawsuits filed at a Tribunal (Human Rights) and how that provides a loophole to the party filing the lawsuit. Does this somehow exempt lawsuits filed at Tribunals from coming under the jurisdiction of Bill 52? Regardless it sure smells like a SLAPP suit to me.

    • Kelly@fit4duty.ca'
      Kelly February 5, 2019 at 10:45 am

      That’s exactly what that means. I believe the intention of Bill 52 was to cover a SLAPP suit filed anywhere. I was wrong.

  2. mjqsmith@bell.net'
    Maggie February 12, 2019 at 7:44 pm

    Sorry Kelly – don’t understand all this legal gibber but sure wish you luck. Just wish those two on Council could be called up for what they said &/or what they did. Not right! Sorry you have to go through all this.

  3. lvann_11@sympatico.ca'
    Tom Vann February 20, 2019 at 3:40 pm

    I just love this lady. She has more stones than most of the guys I know. It is a shameful display by the police. I laugh every time I read the slogan…..to serve and protect. What has happened here is wrong but with endless money, time and resources it is difficult. It doesn’t matter if your right, telling the truth or follow God your wrong to ask questions. The same happened to Deb and I with the city of Cambridge. Now, hundreds of thousands of dollars from my mom’s estate have been uhh mishandled and I will never get. I should have lived in the Wild West when justice got served. Notice how the media has kept this all quiet about Kelly. Ya sure a lot of B.S. publicity for the force though. I will go to my grave a poor man or near but rich in truth and family. When Lucy liked Kelly, I knew I was right. God Bless Kelly and we hope the good side wins.

  4. agmarshall@rogers.com'
    Alan Marshall February 21, 2019 at 8:07 am

    You’re right Tom. Where the hell is our media on this injustice we call the Waterloo Region Police Service? I know where our regional politicians are and that is squarely behind the shameful group in charge of the force.

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