Courts — Dismissal of proceeding that limits debate — Defamation — Public interest weighing exercise — Valid defence — Fair comment — British Columbia framework for dismissal of strategic lawsuits against public participation (SLAPPs) — Defamation action concerning statements made by defendant in response to school board trustee plaintiff’s opposition to sexual orientation and gender identity initiative dismissed under provincial anti-SLAPP legislation by chambers judge — Whether chambers judge erred in public interest weighing exercise — Whether chambers judge erred in finding that plaintiff did not show grounds to believe defendant had no valid fair comment defence — Protection of Public Participation Act, S.B.C. 2019, c. 3, s. 4(2). N, a public school board trustee in Chilliwack, British Columbia, made online posts criticizing a provincial government initiative designed to equip educators to instruct students about gender identity and sexual orientation. Many considered his comments to be derogatory of transgender and other 2SLGBTQ+ individuals. H, a gay man, teacher, and former president of a large teachers’ union in the province, was prominent among the dissenting voices and made statements to media. H called N’s views bigoted, transphobic, and hateful; accused him of undermining safety and inclusivity for transgender and other 2SLGBTQ+ students in schools; and questioned whether he was suitable to hold elected office. 2023 SCC 14 (CanLII) ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

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