transgender students. But his submissions miss the mark. Mr. Neufeld’s right to
Mr. Hansman had a right to respond to Mr. Neufeld in the way he chose without the
threat of civil liability. In my view, he did.
[8]
The fair comment defence asks whether a person could honestly hold the
views Mr. Hansman expressed and whether Mr. Hansman’s statements related to a
matter of public interest and were recognizable as comments based on facts. The
chambers judge found that Mr. Neufeld did not adequately challenge any of these
elements and he was entitled to dismiss the proceeding on this basis.
[9]
Even if Mr. Neufeld had discharged his burden as to the fair comment
defence, however, the chambers judge was entitled to dismiss the defamation claim
because the public interest in protecting Mr. Hansman’s expression is not outweighed
by the limited harm to Mr. Neufeld. Mr. Hansman’s words were not a disproportionate
or gratuitous response to Mr. Neufeld’s statements, and there is a substantial public
interest in protecting his counter-speech. Mr. Hansman spoke out to counter expression
that he and others perceived to be discriminatory and harmful towards transgender and
other 2SLGBTQ+ youth — groups especially vulnerable to expression that reduces
their worth and dignity in the eyes of society and questions their very identity. Not only
does protecting Mr. Hansman’s expression preserve free debate on matters of public
interest, it also promotes equality, another fundamental democratic value.
2023 SCC 14 (CanLII)
criticize a government initiative is not in dispute. Rather, the central issue is whether
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