Chilliwack school trustee Barry Neufeld (left) and former BCTF president Glen Hansman (right).

Chilliwack ‘fair comment’ case dismissed by judge

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 came 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 2019, 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 won a following election and remains on the Chilliwack school board.

One of the most controversial statements made by Neufeld was 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 be 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 B.C.’s new “anti-SLAPP” legislation has been tested in court.

Just Posted

Seven Days in Chilliwack

A list of community events happening in Chilliwack from Dec. 16 to 22

Rotary CATT Fund volleyball fundraiser brings in toys and cash for two Chilliwack charities

Event brought in 435 toys and $33,000 for Chilliwack Community Services and Chilliwack Children’s Foundation

Chilliwack Fire Department battled two structure fires on Friday the 13th

Greenhouse fire had medical marijuana growing in it, house fire was up in Ryder Lake in Chilliwack

Celtic folk festival favourites Early Spirit live at Tractorgrease in Chilliwack

Vancouver-based folk-rock band caps off stellar year with live performance in Chilliwack on Dec. 28

Three Chilliwack entrepreneurs finalists for Small Business BC Awards

Woodside Enterprises, Pick Eco Refills and Culture Co. could win in different categories

VIDEO: Find Me My Furever Home – Chickpea at the Chilliwack SPCA

Chickpea is a one-year-old male domestic rat who’s up for adoption at the Chilliwack SPCA

B.C. VIEWS: Hunger does not end with the season

Despite innovations in food distribution, the need is still there in B.C. communities

Sharks beat Canucks 4-2 to snap 6-game skid

Vancouver visits Vegas on Sunday

Fans sing Canadian anthem after sound system breaks at BMW IBSF World Cup

The Canadians in attendance made sure their team and flag were honoured on the podium

VIDEO: Fire destroys Big White Ski Resort chalet

Social media eulogies peg the property, nicknamed “The Pharamacy,” as both loved and hated

Prince George RCMP use bait packages to catch porch pirates over the holidays

First-in-Canada program with Amazon looks to combat parcel theft

Surrey councillor wants the policing transition process to ‘immediately stop’

Brenda Locke to make motion at Dec. 16 meeting to reconsider current plan

Man pleads guilty to second-degree murder in 2017 Stanley Park stabbing

Lubomir Kunik was found by a man out walking his dog on the beach late on Feb. 1, 2017

Vancouver homeless camp brings community, safety, home, says resident

Encampment in the city’s Downtown Eastside is one of many that have sprung up in B.C.

Most Read