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
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات