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.

Just Posted

The Russell Troupe finds a comfort zone in Chemainus

Family gathering with two parents and five kids a common scene around town

Haircuts by donation for striking WFP employees at The Wildwood Collective Monday

Food and toy drives also being conducted to lend a helping hand

WFP clears the air regarding ‘concessions’

President declares latest proposal maintains terms of previous collective agreement

N. Cowichan rejects Motorsport rezoning for a second time

The surprise of the night came when Siebring switched to the no side

Development process underway for Cougars in early basketball games

Loranger and Harris carry the scoring load during opening losses

VIDEO: Merriam-Webster declares ‘they’ its 2019 word of the year

Declared word of year based on a 313-per-cent increase in look-ups on the company’s search site

Truck with body inside found at bottom of lake near Kootenay ferry

Investigators believe no foul play is expected but are unsure how the vehicle ended up in the Arrow Lakes

VIDEO: Calgary man narrowly escapes from avalanche while running at Lake Louise

Bryon Howard caught the entire wild experience on camera

PHOTOS: Competitive Christmas light display takes sarcastic turn in Princeton

Heather King of Princeton took a creative and stress-free approach to her holiday display this year

RCMP asks Kootenay cannabis shop to remove image of famous Mountie from storefront

Owner happy to comply with RCMP, but wants more information first

BC Ferries adds 170 extra sailings for the holidays

6 a.m. and 10 p.m. sailings added for busy season

Anti-money laundering agency warns casinos to watch gamers playing with bank drafts

Financial Transactions and Reports Analysis Centre of Canada, known as Fintrac, issues operational alert

Strata rental bans escape B.C. speculation tax through 2021, Carole James says

Vacant home tax won’t apply to cabins accessible only by water

Most Read