Chilliwack school trustee Barry Neufeld (left) will have to prove the merit of a defamation case this week in B.C. Supreme Court. (File)

Ex-BCTF president asks judge to dismiss anti-SOGI trustee’s defamation suit

First test of what’s known as anti-SLAPP legislation in B.C.

Newly-introduced anti-SLAPP legislation got its first airing at B.C. Supreme Court in Vancouver as a former president of B.C.’s teachers’ union seeks to dismiss a defamation lawsuit against him.

The case centres around comments Glen Hansman made about Chilliwack school trustee Barry Neufeld after Neufeld criticized SOGI123, a B.C. initiative to bring understanding of gender identity and expression to classrooms.

In a Facebook post in October 2017, Neufeld said he “could no longer sit on his hands” and watch schools teach “the latest fad” that has turned into a “weapon of propaganda” for gender theories.

Hansman, president of the BC Teachers Federation at the time, was quoted in the news media as saying Neufeld’s comments were “bigoted” and that he had “breached his duty as a school trustee,” and thus should resign or be removed.

Neufeld filed a defamation lawsuit against Hansman in October 2018, claiming his remarks caused him “indignity, personal harassment, stress, anxiety along with mental and emotional distress.”

Hansman has applied to have the lawsuit dismissed under new legislation that targets strategic lawsuits against public participation, or SLAPP. Judges can use it to stop lawsuits that seek to block criticism of issues of public interest.

This case is the first since B.C. Attorney General David Eby brought in the legislation in the spring.

On Thursday before the hearing began, Hansman said he is not misusing anti-SLAPP legislation, as Neufeld claimed.

“Both of us are public figures,” Hansman told Black Press Media. “Me being able to make comments about him in his role as a trustee is fair game. If you’re in public office, you need to be prepared for people to make fair comment.”

Neufeld’s counsel, Paul Jaffe, said the anti-SLAPP law is designed to protect the “little guy” from large organizations that wield a lot of legal power.

“It’s ironic that we are here today with the BCTF, which is a union with 45,000 teachers, who are helping with hearing this case,” he said. “Their lawyers are here, all their materials are compiled by the union.”

As a public figure, Neufeld is open to criticism as part of Canada’s protection of free speech, Jaffe said, but the courts must weigh Hansman’s freedom of expression against Neufeld’s right to not have his reputation destroyed, “unfoundedly.”

“Is it permissible for proponents of SOGI to characterize those who disagree with them as promulgating hate speech, which is a Criminal Code offence, and as being transphobic, homophobic, bigoted and intolerant?” said Jaffe.

“Or does civil debate in a free democratic society acknowledge different opinions and embarking on a campaign to absolutely destroy someone’s reputation?”

The hearing was scheduled over two days.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Two monumental poles return home to Haida Gwaii

The artifacts ended up in Vancouver by being taken, appropriated, stolen, or sold through the years

Northern B.C.’s Ridley coal terminal sold, Canada divests, First Nations to own portion

Ten per cent of shares transferred to the Lax Kw’alaams Band and the Metlakatla First Nation

Haida artist Derek Edenshaw helps Rupert spruce up city

A giant kraken, painted by local artists under Edenshaw’s tutelage, is now on display

Haida Gwaii teacher denied paid bereavement travel leave

Arbitrator sides with B.C. Teachers Federation in dispute over funeral trip

Skeena mainstem closed to recreational sockeye

Escapements expected to be below 800,000 threshold

Rents in most Canadian cities are unaffordable for lower-income earners: study

Roughly one-third of households, or 4.7 million, are renters

Psychics, drones being used to search for missing Chilliwack woman with dementia

Drones, psychics, dogs and more have been employed to help find Grace Baranyk, 86

‘Benzos’ and fentanyl a deadly cocktail causing a growing concern on B.C. streets

Overdoses caused by benzodiazepines can’t be reversed with opioid-overdose antidote naloxone

B.C. mom to go to Europe court in hopes of getting alleged abducted daughter back

Tasha Brown alleges her estranged wife abducted their daughter Kaydance Etchells in 2016

Scheer on Trump: It’s ‘offensive’ to question the family background of critics

Trump is being called a racist for saying that the four congresswomen should go back where they came from

Instagram expands Canadian pilot removing ‘like’ counts to more countries

Social media giant plans to roll out the test in Australia, New Zealand, Brazil, Japan, Italy and Ireland

Pamela Anderson adds star power to B.C. Green Party town hall

Celebrity attended Nanaimo meeting with representatives from U.S.-based environmental group

Olympic softball qualifier gets $150K boost from provincial government

2019 Americas Qualifier to be held in Surrey from Aug. 25-Sept. 1

Gas price inquiry questions Trans Mountain capacity, company denies collusion

The first of up to four days of oral hearings in the inquiry continue in Vancouver

Most Read