Chilliwack school trustee Barry Neufeld (left) and former BCTF president Glen Hansman (right).

Landmark ‘fair comment’ case settled between B.C. school trustee and former union president

Glen Hansman’s application to have Neufeld defamation case thrown out granted by B.C. judge

A defamation lawsuit against the former president of the BC teachers’ union by a Chilliwack school trustee has been dismissed before it even got to trial.

Trustee Barry Neufeld had filed a defamation suit against Glen Hansman, who at the time was the president of the B.C. Teachers’ Federation. He launched the suit in October 2018 after Hansman responded in the media to Neufeld’s statements on the controversial SOGI 123.

In response, Hansman filed his own suit through the Protection of Public Participation Act (PPPA), claiming Neufeld is a public figure and was open to being criticized without threat of defamation. That was heard in July 2o19, and a court date for the defamation suit was tentatively set for this December.

But that case won’t be happening now.

Justice A. Ross released his decision on Wednesday, saying that his decision has “nothing to do with ‘correctness’ of either party’s position on that issue (SOGI 123).”

He noted the intent of the PPPA legislation is “to screen out actions that have the effect of limiting a defendant’s participation in public debate. In that respect, the PPPA seeks to balance the rights of individuals to protect their reputations against the obvious benefit to a democratic society of protecting free speech and rigorous debate on issues of public interest.”

Hansman argued that he had every right to speak out against Neufeld’s comments, which he said harmed him and the LGBTQ community. Hansman is openly gay. Neufeld said that Hansman’s comments were made in malice, and harmed him as well.

Neufeld did not prove to the court, the judge stated, that substantial damage had been done to his reputation. He called Neufeld’s evidence “skeletal at best.” Neufeld did also win a following election and remains on the Chilliwack school board.

Furthermore, one of the most controversial statements made by Neufeld were on a Facebook post in which he concedes he was posting “at the risk of being labelled a bigotted homophobe.”

Some of the things Hansman said about Neufeld in the time of the SOGI 123 debates included calling him transphobic, saying he should be removed from public office, and nowhere near students.

But in the end, Ross sided with Hansman’s argument for public debate.

“I have further found that the PPPA requires me to balance the seriousness of the harm suffered by the plaintiff (Neufeld) and the public interest in continuing the proceeding against the public interest in protecting the defendant’s (Hansman) expression. The plaintiff has an interest in claiming damages and clearing his good name. However, the public has an interest in protecting expressions that relate to public debate. In balancing those interests, I find that the interest in public debate outweighs the interest in continuing the proceeding on these facts.”

Ross’s decision now means that Neufeld’s defamation case will not go through. This was reportedly the first time the so called “anti-SLAPP” legislation has been tested in court.

Story is developing. More to come.

READ MORE: Anti-SOGI school trustee files defamation lawsuit against BCTF president


@CHWKcommunity
jpeters@theprogress.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Coastal GasLink stresses pipeline ‘on a schedule’ as B.C. appoints liaison for Wet’suwet’en

670-kilometre pipeline is schedule to be completed by end of 2023

Anticipated adverse weather leads to ferry rescheduling, Prince Rupert and Haida Gwaii

Sailing for the Northern Expedition, Skidegate has been revised by BC Ferries

It’s a sign for Haida Gwaii

Haida Gwaii signs will be bi-lingual to respect language

Skidegate man arrested following Queen Charlotte RCMP investigation

Man faces possible drugs and weapons charges

Cannabis and vaping 101

RCMP invite community to engage in cannabis and vaping dialogue workshops

B.C. reports first coronavirus in Vancouver region

First patient visited Wuhan, China, reported symptoms

Victoria resident says WestJet employee uttered racist comment, refused to let her on plane

Customer claims she was told ‘You guys can’t handle your alcohol’ by WestJet employee

Bystander who tried to help dog being attacked not liable for its death: B.C. tribunal

Owner of dog killed tried to get $5,000 in damages from man who tried to save it

INFOGRAPHIC: See how fast your B.C. city grew in 2019

The province’s fastest-growing municipalities were located on Vancouver Island

Landowner hearings begin for Trans Mountain expansion in Alberta

Detailed route talks start in Spruce Grove, in B.C. communities soon

VIDEO: Canada looking to help 126 Canadians quarantined in China for coronavirus

China has confirmed more than 4,500 cases of the new virus, with more than 100 deaths

Alessia Cara to host and perform at 2020 Juno Awards

Multi-platinum Canadian singer-songwriter also up for six awards, including Artist of the Year

Watch out for scams, clickbait in the wake of Kobe Bryant’s death: Better Business Bureau

Kobe Bryant and his daughter were killed in a helicopter crash near Los Angeles

‘Very disrespectful’: Headstones at Okanagan cemetery damaged by excavation crew

Headstones at Enderby’s Cliffside Cemetery mistakenly driven over by excavation crew

Most Read