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Defamation trial of ex-school trustee Barry Neufeld opens in Chilliwack

91ƵStriptease artist91Ƶ remark was 91Ƶfalse, injurious and not defensible as fair comment,91Ƶ says lawyer
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Opening arguments in the defamation trial between Carin Bondar and Barry Neufeld were heard in Chilliwack Law Courts Tuesday (Nov. 14).

The civil lawsuit alleges former school trustee Neufeld defamed Bondar, a school trustee, when he called her a 91Ƶstriptease artist91Ƶ during an internet talk show in September 2022 broadcast by Action4Canada called the Empower Hour.

91ƵThis statement was false, injurious and not defensible as fair comment,91Ƶ said Bondar91Ƶs lawyer, Susanna Quail, in her opening statements.

It was day one of a six-day trial in B.C. Supreme Court in Chilliwack presided over by Justice Michael Stephens.

91ƵDr. Bondar is not a striptease artist,91Ƶ Quail said. 91ƵShe is an accomplished science communicator and educator and a school trustee.

91ƵThe defendant asserts that Dr. Bondar had explicit and highly sexualized public performances widely famed by her on a YouTube channel over a number of years.

91ƵAnd we say the evidence will show that that91Ƶs not true,91Ƶ the lawyer said.

The science education video in which Bondar appears to be swinging on a wrecking ball while scantily clad was not 91Ƶsexually charged entertainment,91Ƶ Quail argued.

The video about evolution and natural selection was created by Bondar in 2014. It was a parody of the pop hit Wrecking Ball by Miley Cyrus, and Bondar91Ƶs video was called 91ƵOrganisms do Evolve.91Ƶ

In the video, Bondar is wearing what the pop superstar wore 91Ƶ a white tank top, underwear and boots. The video was filmed almost shot for shot in similar fashion, and for a brief moment on-screen, the plaintiff appeared nude in several frames.

Bondar91Ƶs PhD dissertation focused on animal reproduction and led to her ongoing interest in popular science education.

91ƵWhile her work often draws on human sexual behaviour, it91Ƶs not actually about human sexuality,91Ƶ Quail told the court.

91ƵIt91Ƶs about animal biology.91Ƶ And it often uses pop culture to 91Ƶengage viewers,91Ƶ she said.

The online content that Bondar has produced 91Ƶis mildly titillating in a silly way,91Ƶ Quail said.

Bondar91Ƶs work has been featured on the Discovery Channel, the Science Channel, National Geographic, Scientific American and Animal One.

Quail said the court would determine if the striptease comment could be considered 91Ƶfair comment91Ƶ and that would likely form the 91Ƶreal test of where this case lies.91Ƶ

Bondar is alleging that 91ƵMr. Neufeld defamed her by this comment and seeks damages,91Ƶ the lawyer said, adding that evidence would show general and aggravated damages were appropriate.

Quail said Neufeld 91Ƶhas not only refused to retract or apologize for the remark, but repeated it and included it in his fundraising materials,91Ƶ which she said was 91Ƶoutrageous and malicious91Ƶ in that it increased the plaintiff91Ƶs mental distress.

In terms of the legal framework, three elements have to be established in a claim of defamation under the law, Quail said.

One of them focuses on injury to someone91Ƶs reputation, in that they 91Ƶtend to lower the plaintiff91Ƶs reputation in the eyes of a reasonable person.91Ƶ

Bondar91Ƶs lawyer said that all three would be 91Ƶwell-established.91Ƶ

Neufeld has pleaded 91Ƶjustification,91Ƶ among three defences, but Quail said the evidence will show 91Ƶhe knew full well91Ƶ that Bondar is not a striptease artist.

91ƵThis is simply not who Dr. Bondar is or what she has achieved,91Ƶ the lawyer said.

The three defences Neufeld filed in connection with the suit were: justification, fair comment and qualified privilege.

91ƵNone of these defences can succeed,91Ƶ Quail said.

She told the court Bondar would testify about 91Ƶhow hurtful and frustrating91Ƶ it was to have her reputation as an accomplished science educator 91Ƶreplaced with an entirely fictional narrative that she is an underdog striptease artist, scrabbling her way to public office,91Ƶ Quail said.

In conclusion, Quail said the libel case is 91Ƶnot about balancing the public interest91Ƶ and it isn91Ƶt about 91Ƶa political contest91Ƶ over SOGI (sexual orientation and gender identity) 123.

91ƵThis case is only about defamation,91Ƶ she said.

91ƵThis case isn91Ƶt about Mr. Neufeld91Ƶs personal political agenda. This trial is not a social movement showdown, it91Ƶs not about culture wars.

91ƵThis is actually a very straightforward application of the law of defamation which exists to protect reputations from exactly the kind of harm Mr. Neufeld has inflicted and continues to do so.91Ƶ

Neufeld91Ƶs lawyer, Paul Jaffe, began his cross examination Tuesday, and it continued Wednesday. The trial is expected to run until at least Tuesday.

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Jennifer Feinberg

About the Author: Jennifer Feinberg

I have been a Chilliwack Progress reporter for 20+ years, covering city hall, Indigenous, business, and climate change stories.
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