views bigoted, transphobic, and hateful; accused him of undermining safety and
whether he was suitable to hold elected office.
[5]
Mr. Neufeld sued for defamation. Mr. Hansman then applied to have
Mr. Neufeld’s defamation action dismissed as a SLAPP under s. 4 of the PPPA. The
core feature of the PPPA is that it instructs courts to dismiss even meritorious claims
where the public interest in protecting the defendant’s freedom of expression outweighs
the public interest in remedying the harm done to the plaintiff. It also requires the
plaintiff to meet a merits threshold by demonstrating grounds to believe that the
underlying proceeding has substantial merit and that the defendant has no valid defence
in the proceeding.
[6]
The chambers judge found that Mr. Neufeld’s defamation action had the
effect of unduly suppressing debate on matters of public interest and dismissed the suit
(2019 BCSC 2028, 59 C.C.E.L. (4th) 205). The chambers judge held both that
Mr. Hansman had a valid fair comment defence and that the value in protecting his
expression outweighed the resulting harm done to Mr. Neufeld. The Court of Appeal
disagreed on both counts and reinstated the action (2021 BCCA 222, 50 B.C.L.R. (6th)
217).
[7]
I agree with the chambers judge. Mr. Neufeld argued in the courts below
and in this Court that he only criticized a policy; he never expressed hatred towards the
transgender community, nor did his words create an unsafe school environment for
2023 SCC 14 (CanLII)
inclusivity for transgender and other 2SLGBTQ+ students in schools; and questioned
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