Image: Canadian Press /File

By Fraser Valley Today Staff

SOGI controversy

Defamation lawsuit launched by former Chilliwack school trustee Barry Neufeld, dismissed by Supreme Court of Canada

May 19, 2023 | 8:34 AM

OTTAWA — The Supreme Court of Canada has dismissed a defamation lawsuit involving former Chilliwack School Board Trustee Barry Neufeld.

Neufeld was a SD 33 trustee in 2016 when the provincial government introduced a program to foster inclusion and respect for students who may face discrimination in school because of their gender identity or expression. The policy is called Sexual Orientation and Gender Identity 123 (SOGI). Neufeld criticized SOGI and his comments resulted in a public controversy with some coming out in support of his views and others criticizing them and calling for his resignation.

Neufeld filed the lawsuit against Glen Hansman, a gay man, teacher and former president of the British Columbia Teachers’ Federation. Hansman had spoken out against Neufeld, saying his views were bigoted, transphobic and hateful. He accused him of undermining safety and inclusivity for transgender and other 2SLGBTQ+ students.

When the lawsuit arrived in court, it was dismissed when the judge determined the lawsuit had the effect of suppressing debate on matters of public interest. The judge determined the value in protecting Hansman’s expression outweighed the harm Neufeld likely suffered. The Court of Appeal disagreed and allowed the defamation suit to continue. Hansman then appealed to the Supreme Court of Canada.

In a ruling released this week, Justice Karakatsanis restored the first judge’s order, dismissing Neufeld’s defamation suit. The Court decided the public interest in protecting Hansman’s speech outweighed the public interest in remedying the reputational harm to Neufeld. The Court agreed with the judge that Neufeld had suffered limited harm, as he continued to express his views despite the public reaction and won re-election a year later.

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A brief released by the Supreme Court of Canada reports Justice Karakatsanis explained, “the closer the expression lies to the core values of [freedom of expression], including truth-seeking, participating in political decision-making and diversity in the forms of self-fulfillment and human flourishing, ‘the greater the public interest in protecting it’”. She concluded Mr. Hansman’s speech aligned with these values.