stereotyping, and vulnerability” (C.F. v. Director of Vital Statistics (Alta.), 2014 ABQB
[90]
Mr. Neufeld’s right to express himself is not in doubt, nor is it for this Court
to assess the value of his expression. But Mr. Neufeld’s statements are critical context
in characterizing Mr. Hansman’s expression, which is at issue. Despite Mr. Neufeld’s
submissions, it is evident that his expression went beyond a critique of a government
program. For instance, in his original post, Mr. Neufeld criticized the fact that SOGI
123 materials instruct children “that gender is not biologically determined, but is a
social construct” and stated that permitting children to “choose to change gender is
nothing short of child abuse” (A.R., vol. III, at p. 16). In the same post, Mr. Neufeld
expressed concern that children were “being taught that heterosexual marriage is no
longer the norm” and that “[i]ncreasing numbers of children are growing up in homes
with same sex parents” (p. 16). And in his speech at the Culture Guard event about a
month following his original post, Mr. Neufeld claimed that SOGI 123 “enabl[es]
dysfunctional behavior and thinking patterns” and “coddl[es] and encourag[es] what
[he] regard[s] as the sexual addiction of gender confusion”. Mr. Hansman was
responding to these and other statements.
[91]
Mr. Hansman’s counter-speech fell close to the core of s. 2(b). His
expression served a truth-seeking function, as he was contacted by the media to present
an alternative perspective within a debate on a matter of public importance. In speaking
out, he sought to counter expression that he and others perceived to undermine the
2023 SCC 14 (CanLII)
237, 587 A.R. 332, at para. 58).
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