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

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

Langley Mustangs high jumper Aiden Grout, seen here in McLeod Athletic Park in Langley in 2019, has just qualified for several top international competitions, including the Olympic trials. (Photo courtesy Vid Wadhwani)
VIDEO: With one jump, Langley Mustangs high jumper Aiden Grout has qualified for three international competitions

Maple Ridge resident records new personal best at McLeod Athletic Park in Langley

A local letter writer would appreciate if cyclists would think more about safety while riding in the area of River Road in North Langley. (Black Press Media files)
LETTER: North Langley route popular with cyclists but letter writer urges caution

A road user has concerns about some of the cycling habits she’s seeing in the area of River Road

Conservative leader Erin O’Toole spoke to members of the Greater Langley Chamber of Commerce via a Zoom chat with chamber CEO Colleen Clark on Friday, June 11. (Greater Langley Chamber of Commerce/Special to the Langley Advance Times)
Conservative leader talks tourism, trade, SkyTrain with Langley Chamber

The virtual fireside chat included talk about childcare and the budget

Deeba Mostafaie-Mehr, Setare Maleki Rizi, and Olivia Chen Xu from R.E. Mountain Secondary are recipients of three prestigious scholarships. (Langley School District/Special to Langley Advance Times)
Langley STEM students shine as recipients of prestigious scholarships

Three students from R.E. Mountain Secondary recognized

The new Langley Memorial Hospital emergency room opened for its first patients on Tuesday, May 4. (Government of B.C./Special to the Langley Advance Times)
LETTER: Aldergrove woman underwhelmed with new hospital ER

New ER is nice but needs adequate staffing, local woman writes

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

Most Read