continuing to spread hate about LGBTQ people . . . and also be out there, making vile
dispute in the courts below about whether this statement concerned Mr. Neufeld or, as
Mr. Hansman contends, another trustee candidate, given that the publication does not
name anyone in particular. I agree with the concession of Mr. Neufeld’s counsel before
the chambers judge that the comment appears to have been made “in response to
another school board trustee” (A.R., vol. V, at p. 86), and should therefore not be
considered.
In sum, Mr. Neufeld has not shown grounds to believe that Mr. Hansman’s
[107]
statements lacked a factual basis. As in WIC Radio, the general facts giving rise to the
dispute were likely known to the audience and referred to in the publications
themselves (para. 34).
(b)
[108]
Was the Expression Recognizable as Comment, Rather Than an Imputation
of Fact?
For expression to constitute fair comment, the statement must be one that
would be understood by a reasonable reader as a comment rather than a statement of
fact (WIC Radio, at para. 27). A comment includes a “deduction, inference, conclusion,
criticism, judgment, remark or observation which is generally incapable of proof”
(para. 26, quoting Ross v. New Brunswick Teachers’ Association, 2001 NBCA 62, 238
N.B.R. (2d) 112, at para. 56). This is a low threshold; “the notion of ‘comment’ is
generously interpreted” (WIC Radio, at para. 30).
2023 SCC 14 (CanLII)
comments about refugees and immigrants” (A.R., vol. II, at p. 34). There was some
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