Opening arguments in the defamation trial between Carin Bondar and Barry Neufeld were heard in Chilliwack Law Courts Tuesday (Nov. 14).

The civil lawsuit alleges former school trustee Neufeld defamed Bondar, a school trustee, when he called her a B次元官网网址渟triptease artistB次元官网网址� during an internet talk show in September 2022 broadcast by Action4Canada called the Empower Hour.

B次元官网网址淭his statement was false, injurious and not defensible as fair comment,B次元官网网址� said BondarB次元官网网址檚 lawyer, Susanna Quail, in her opening statements.

It was day one of a six-day trial in B.C. Supreme Court in Chilliwack presided over by Justice Michael Stephens.

B次元官网网址淒r. Bondar is not a striptease artist,B次元官网网址� Quail said. B次元官网网址淪he is an accomplished science communicator and educator and a school trustee.

B次元官网网址淭he defendant asserts that Dr. Bondar had explicit and highly sexualized public performances widely famed by her on a YouTube channel over a number of years.

B次元官网网址淎nd we say the evidence will show that thatB次元官网网址檚 not true,B次元官网网址� the lawyer said.

The science education video in which Bondar appears to be swinging on a wrecking ball while scantily clad was not B次元官网网址渟exually charged entertainment,B次元官网网址� Quail argued.

The video about evolution and natural selection was created by Bondar in 2014. It was a parody of the pop hit Wrecking Ball by Miley Cyrus, and BondarB次元官网网址檚 video was called B次元官网网址淥rganisms do Evolve.B次元官网网址�

In the video, Bondar is wearing what the pop superstar wore B次元官网网址� a white tank top, underwear and boots. The video was filmed almost shot for shot in similar fashion, and for a brief moment on-screen, the plaintiff appeared nude in several frames.

BondarB次元官网网址檚 PhD dissertation focused on animal reproduction and led to her ongoing interest in popular science education.

B次元官网网址淲hile her work often draws on human sexual behaviour, itB次元官网网址檚 not actually about human sexuality,B次元官网网址� Quail told the court.

B次元官网网址淚tB次元官网网址檚 about animal biology.B次元官网网址� And it often uses pop culture to B次元官网网址渆ngage viewers,B次元官网网址� she said.

The online content that Bondar has produced B次元官网网址渋s mildly titillating in a silly way,B次元官网网址� Quail said.

BondarB次元官网网址檚 work has been featured on the Discovery Channel, the Science Channel, National Geographic, Scientific American and Animal One.

Quail said the court would determine if the striptease comment could be considered B次元官网网址渇air commentB次元官网网址� and that would likely form the B次元官网网址渞eal test of where this case lies.B次元官网网址�

Bondar is alleging that B次元官网网址淢r. Neufeld defamed her by this comment and seeks damages,B次元官网网址� the lawyer said, adding that evidence would show general and aggravated damages were appropriate.

Quail said Neufeld B次元官网网址渉as not only refused to retract or apologize for the remark, but repeated it and included it in his fundraising materials,B次元官网网址� which she said was B次元官网网址渙utrageous and maliciousB次元官网网址� in that it increased the plaintiffB次元官网网址檚 mental distress.

In terms of the legal framework, three elements have to be established in a claim of defamation under the law, Quail said.

One of them focuses on injury to someoneB次元官网网址檚 reputation, in that they B次元官网网址渢end to lower the plaintiffB次元官网网址檚 reputation in the eyes of a reasonable person.B次元官网网址�

BondarB次元官网网址檚 lawyer said that all three would be B次元官网网址渨ell-established.B次元官网网址�

Neufeld has pleaded B次元官网网址渏ustification,B次元官网网址� among three defences, but Quail said the evidence will show B次元官网网址渉e knew full wellB次元官网网址� that Bondar is not a striptease artist.

B次元官网网址淭his is simply not who Dr. Bondar is or what she has achieved,B次元官网网址� the lawyer said.

The three defences Neufeld filed in connection with the suit were: justification, fair comment and qualified privilege.

B次元官网网址淣one of these defences can succeed,B次元官网网址� Quail said.

She told the court Bondar would testify about B次元官网网址渉ow hurtful and frustratingB次元官网网址� it was to have her reputation as an accomplished science educator B次元官网网址渞eplaced with an entirely fictional narrative that she is an underdog striptease artist, scrabbling her way to public office,B次元官网网址� Quail said.

In conclusion, Quail said the libel case is B次元官网网址渘ot about balancing the public interestB次元官网网址� and it isnB次元官网网址檛 about B次元官网网址渁 political contestB次元官网网址� over SOGI (sexual orientation and gender identity) 123.

B次元官网网址淭his case is only about defamation,B次元官网网址� she said.

B次元官网网址淭his case isnB次元官网网址檛 about Mr. NeufeldB次元官网网址檚 personal political agenda. This trial is not a social movement showdown, itB次元官网网址檚 not about culture wars.

B次元官网网址淭his is actually a very straightforward application of the law of defamation which exists to protect reputations from exactly the kind of harm Mr. Neufeld has inflicted and continues to do so.B次元官网网址�

NeufeldB次元官网网址檚 lawyer, Paul Jaffe, began his cross examination Tuesday, and it continued Wednesday. The trial is expected to run until at least Tuesday.

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