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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A second wave of COVID-19 is probable, if history tells us anything

B.C.’s top doctor says that what health officials have learned this round will guide response in future

Golden police seek Good Samaritan after house fire

An unidentified individual may have saved lives in the early-morning fire.

Revelstoke lawyer uses her good fortune to help others

For Melissa Klages, lawyer and owner of Arrow Law Corporation, being a… Continue reading

Revelstoke maternity team keeps mom grounded during COVID-19

Melyssa Hudson gave birth to her second child April 29

Glimpses of Revelstoke’s past for May 21

Items from Revelstoke newspapers, as gleaned and edited by Cathy English, curator… Continue reading

LIVE: Procession to honour Snowbirds Capt. Jennifer Casey comes to Halifax

Snowbirds service member died in a crash in Kamloops one week ago

RCMP facing ‘systemic sustainability challenges’ due to provincial policing role

Provinces, territories and municipalities pay anywhere from 70 to 90 per cent of the cost of the RCMP’s services

One man dead after standoff with Chilliwack RCMP

The Independent Investigations Office of B.C. is investigating the RCMP’s role in the death

B.C. employers worry about safety, cash flow, second wave in COVID-19 restart

A survey found 75 per cent of businesses worry about attracting customers

Vancouver Foundation grants benefit Okanagan-Shuswap residents

Grants of up to $500 available for ideas that connect people socially or involve sharing skills

Ex-BC Greens leader Andrew Weaver says province came close to early election

Disagreement centred on the LNG Canada project in northern B.C.

Water quality advisory rescinded for Central Okanagan system

Turbidity levels improve enough to rescind advisory issued for Killiney Beach system May 11

Canada’s NHL teams offer options to season-ticket holders

Canadian teams are offering refunds, but also are pushing a number of incentives to let them keep the money

UPDATE: Two sent to hospital following Okanagan highway accident

Drivers in head-on collision air-lifted to hospital with serious but non-life-threatening injuries

Most Read