B.C. anti-SLAPP laws to get first test in defamation case
B.C.’s new anti-SLAPP law will get its first test this summer in a defamation lawsuit filed by a school board trustee against the president of the provincial teachers’ union.
Glen Hansman, president of the B.C. Teachers’ Federation, is using the new legislation protecting public expression in his effort to have the lawsuit from Chilliwack school trustee Barry Neufeld thrown out.
“In this case, Trustee Neufeld’s concerns about his reputation should give way to free and open debate about these matters that are of critical public interest,” said an application filed by Hansman’s lawyer Christopher Dafoe.
Hansman’s request is based on the protection of public participation act, which aims to protect defendants from so-called SLAPP cases, or statutory lawsuits against public participation. Public participation laws are intended to protect the freedom of expression for appellants without the money to fight expensive court battles.
“It prevents our courts from being abused,” said Meghan McDermott, a policy counsel for the B.C. Civil Liberties Association. “If there’s essentially no merit underlying the case, it’s very unfortunate for that case to take up time in our publicly funded system, which is already very overloaded.”
Neufeld began proceedings against Hansman in October over comments Hansman made about Neufeld’s opposition to SOGI 123, a program to make B.C. schools more inclusive for LGBTQ+ students.
During a campaign in 2017, Neufeld used social media to call SOGI “a weapon of propaganda” and later compared it to “child abuse.” In interviews, including some with Postmedia, Hansman called Neufeld’s remarks transphobic and called for his resignation.
In his civil claim, Neufeld alleges this defamed him and that Hansman “orchestrated demonstrations to create an impression of public outrage.”
Hansman has defended his statements as fair comment and as fair comment on the SOGI curriculum, which the federation helped develop.
Neufeld must demonstrate his case has “substantial merit” before proceeding.
Since the law came into power in late March, neither McDermott nor Paul Jaffe, Neufeld’s attorney, are aware of any precedent cases in B.C.
“As far as I know, we’re really breaking trail on this,” said Jaffe.
Lawyers will have to rely on examples from Ontario, where the law is similar to B.C.’s.
Jaffe, who intends to oppose dismissal of the case, says he’s concerned it will prolong the lawsuit and increase costs for his client.
“In this case, regrettably, the act is being used to create the very kind of hardship that it was enacted to prevent,” said Jaffe.
McDermott, however, says she doesn’t believe the procedure to be “that onerous.”
“It just places the vetting process up front so you don’t have to send so much money and emotional resources to get to the crux of the argument,” she says.
Hansman has applied for hearing dates of July 11 and 12.