which it is based, but the comment need not be a reasonable or proportionate response
expression, but to ensure the reader is aware of the basis for the comment to enable
them “to make up their own minds” as to its merit (para. 31).
[101]
Here, the chambers judge held that Mr. Neufeld had not shown grounds to
believe that the challenged statements were not based in fact, pointing to Mr. Neufeld’s
original Facebook post as a basis for the statements (para. 134). Mr. Neufeld argues,
and the Court of Appeal agreed, that there were grounds to believe that Mr. Hansman
would be unable to establish that certain of the statements were based in fact.
[102]
I disagree. The relevant inquiry is not whether the underlying facts
supported the truth of the statements. At trial, Mr. Hansman need not demonstrate that
Mr. Neufeld is bigoted, transphobic, promoted hatred, or created an unsafe
environment for students. The question is merely whether the statement can be tethered
to an adequate factual basis so the reader can be an informed judge. I agree with the
chambers judge that Mr. Neufeld’s original Facebook post could provide the requisite
factual basis for most statements at issue. The post reads:
Okay, so I can no longer sit on my hands. I have to stand up and be
counted. A few years ago, the Liberal minister of education instigated a
new curriculum supposedly to combat bullying. But it quickly morphed
into a weapon of propaganda to infuse every subject matter from K-12 with
the latest fad: Gender theory. The Sexual Orientation and Gender Identity
(SOGI) program instructs children that gender is not biologically
determined, but is a social construct. At the risk of being labelled a bigoted
homophobe, I have to say that I support traditional family values and I
agree with the College of paediatricians that allowing little children [to]
2023 SCC 14 (CanLII)
(paras. 39, 51 and 59). The purpose of this element is not to measure the fairness of
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