[2]
Defamation suits are a way to vindicate an individual’s personal or
suppressing the open debate that is the cornerstone of a free and democratic society.
For this reason, certain provincial legislatures have targeted strategic lawsuits against
public participation (SLAPPs), or actions that disproportionately suppress free
expression on matters of public interest. This case concerns the application of s. 4 of
British Columbia’s anti-SLAPP statute, the Protection of Public Participation Act,
S.B.C. 2019, c. 3 (PPPA).
[3]
The defamation suit at the heart of this proceeding arises out of a
high-profile public debate — spanning traditional print media, the internet, rallies,
protests, and a local election — on British Columbia’s efforts to combat discrimination
against transgender and other 2SLGBTQ+ youth.
[4]
The parties are both local public figures. Barry Neufeld, 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. Mr. Neufeld’s posts triggered significant local
controversy, spurring protests and calls for Mr. Neufeld to resign. Many considered his
comments to be derogatory of transgender and other 2SLGBTQ+ individuals. Glen
Hansman, a gay man, teacher, and former president of the British Columbia Teachers’
Federation (BCTF), a large teachers’ union in the province, was prominent among the
dissenting voices and made statements to media. Mr. Hansman called Mr. Neufeld’s
2023 SCC 14 (CanLII)
professional reputation in the face of attack, but can have the undesirable effect of
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