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

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

Residents line up socially distanced at the Seedy Saturday event, held at the Lobelco Hall parking lot from 10 a.m. to 2 p.m. April 3 with strict COVID-19 restrictions and precautions in place. (Nicole Kaechele photo)
Seedlings, plants and seeds offered at Seedy Saturday

“It was a fairly good turnout,” noted Elizabeth Howard

The Bella Coola Valley Arts Council (BCVAC) has recently received two awards totaling $40,000 from the province-wide British Columbia Arts Council, part of the StrongerBC: BC’s Economic Recovery Plan. The grants are to be used to stimulate local arts communities and to help them cope with impacts from the COVID-19 pandemic. (Photo submitted)
Bella Coola Valley Arts Council receives $40,000 for local projects

The grants will be used to stimulte local arts communities and help them cope with the pandemic

Nuxalk Sputc Crew technician Scmlh (Jason Moody) walks in Bella Coola River towards sputc holding tank with cinematographer Louvens Remy (photo submitted)
Documentary to highlight importance of sputc for Nuxalk Nation

Sputc: We Shall Eat When the River is Full is a cinematic tale of wealth, loss and recovery

Carver Ken Sheen had almost finished work on a large cowboy carving commissioned by the City of Williams Lake to replace the original overlooking the Stampede Grounds when fire broke out Friday, April 18 at his property between Williams Lake and Quesnel. (Pine River Carving Facebook photos)
Nearly completed cow boss statue commissioned by City of Williams Lake lost to fire

Carver Ken Sheen lost the statue, all his tools and his shop in the blaze

Spring flooding is causing damage at Tl’etinqox First Nation west of Williams Lake. (Isidore Harry photo)
UPDATE: Spring freshet causes road damage at Tl’etinqox First Nation

Other damaged sections of Highway 20 are also under repairs

Public health restrictions on non-essential travel and vacation bookings are being increased in B.C. (B.C. government)
Out-of-region B.C. vacation bookings, RV ferry reservations to be refused, Horgan says

B.C. extends COVID-19 indoor dining, group fitness ban until May 25

Families of two of three workers killed in a train derailment near Field, B.C., in 2019 have filed lawsuits accusing Canadian Pacific of gross negligence. The derailment sent 99 grain cars and two locomotives off the tracks. THE CANADIAN PRESS/Jeff McIntosh
Families of workers killed in Field train derailment allege negligence in lawsuit

Lawsuits allege the workers weren’t provided a safe work environment

(New Westminster Police)
4 youth arrested after 30-person brawl in New Westminster leaves 1 seriously injured

Police are looking for witnesses who saw the incident take place

South Surrey’s Paul Cottrell, who works with the DFO, tows a grey whale out of Semiahmoo Bay Sunday. (Contributed photo)
Dead whale floating near White Rock towed to shore for necropsy

Animal has been dead since at least April 15

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Sunday’s storm rocked one of the ferries crossing Kootenay Lake. Photo: Dirk Jonker
VIDEO: Storm makes for wild ferry ride across Kootenay Lake

The video was captured by ferry employee Dirk Jonker

Dr. Bonnie Henry gives her daily media briefing regarding Covid-19 for the province of British Columbia in Victoria, B.C, Monday, December 7, 2020. THE CANADIAN PRESS/Jonathan Hayward
BREAKING: Toddler marks youngest British Columbian to die related to COVID-19

Child one of eight people to die from virus this weekend

Chakalaka Bar & Grill remains open in defiance of orders from Island Health to close. (Cole Schisler photo)
B.C. health authority seeks injunction against restaurant defying COVID-19 orders

Chakalaka Bar and Grill plans to continue serving customers without public health compliance

Pharmacist Barbara Violo arranges all the empty vials of the Oxford-AstraZeneca COVID-19 vaccines that she has provided to customers at the Junction Chemist which is a independent pharmacy during the COVID-19 pandemic in Toronto, on Monday, April 19, 2021. THE CANADIAN PRESS/Nathan Denette
B.C. to open up AstraZeneca vaccines for all people 40+, set up clinics in hot spots

A total of 13 neighbourhoods and communities will receive the AstraZeneca vaccine

Most Read