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Landmark 91Ƶfair comment91Ƶ case settled between B.C. school trustee and former union president

Glen Hansman91Ƶs application to have Neufeld defamation case thrown out granted by B.C. judge
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Chilliwack school trustee Barry Neufeld (left) and former BCTF president Glen Hansman (right).

A defamation lawsuit against the former president of the BC teachers91Ƶ 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. Teachers91Ƶ Federation. He launched the suit in October 2018 after Hansman responded in the media to Neufeld91Ƶs 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 won91Ƶt be happening now.

Justice A. Ross on Wednesday, saying that his decision has 91Ƶnothing to do with 91Ƶcorrectness91Ƶ of either party91Ƶs position on that issue (SOGI 123).91Ƶ

He noted the intent of the PPPA legislation is 91Ƶto screen out actions that have the effect of limiting a defendant91Ƶs 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.91Ƶ

Hansman argued that he had every right to speak out against Neufeld91Ƶs comments, which he said harmed him and the LGBTQ community. Hansman is openly gay. Neufeld said that Hansman91Ƶs 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 Neufeld91Ƶs evidence 91Ƶskeletal at best.91Ƶ 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 91Ƶat the risk of being labelled a bigotted homophobe.91Ƶ

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 Hansman91Ƶs argument for public debate.

91ƵI 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 defendant91Ƶs (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.91Ƶ

Ross91Ƶs decision now means that Neufeld91Ƶs defamation case will not go through. This was reportedly the first time the so called 91Ƶanti-SLAPP91Ƶ legislation has been tested in court.

Story is developing. More to come.

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jpeters@theprogress.com

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Jessica Peters

About the Author: Jessica Peters

I began my career in 1999, covering communities across the Fraser Valley ever since.
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