Courts — Dismissal of proceeding that limits debate — Defamation —
Public interest weighing exercise — Valid defence — Fair comment — British
Columbia framework for dismissal of strategic lawsuits against public participation
(SLAPPs) — Defamation action concerning statements made by defendant in response
to school board trustee plaintiff’s opposition to sexual orientation and gender identity
initiative dismissed under provincial anti-SLAPP legislation by chambers judge —
Whether chambers judge erred in public interest weighing exercise — Whether
chambers judge erred in finding that plaintiff did not show grounds to believe defendant
had no valid fair comment defence — Protection of Public Participation Act, S.B.C.
2019, c. 3, s. 4(2).
N, 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. Many considered his
comments to be derogatory of transgender and other 2SLGBTQ+ individuals. H, a gay
man, teacher, and former president of a large teachers’ union in the province, was
prominent among the dissenting voices and made statements to media. H called N’s
views bigoted, transphobic, and hateful; accused him of undermining safety and
inclusivity for transgender and other 2SLGBTQ+ students in schools; and questioned
whether he was suitable to hold elected office.
2023 SCC 14 (CanLII)
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA