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 香蕉视频直播渟triptease artist香蕉视频直播 during an internet talk show in September 2022 broadcast by Action4Canada called the Empower Hour.
香蕉视频直播淭his statement was false, injurious and not defensible as fair comment,香蕉视频直播 said Bondar香蕉视频直播檚 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.
香蕉视频直播淒r. Bondar is not a striptease artist,香蕉视频直播 Quail said. 香蕉视频直播淪he is an accomplished science communicator and educator and a school trustee.
香蕉视频直播淭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.
香蕉视频直播淎nd we say the evidence will show that that香蕉视频直播檚 not true,香蕉视频直播 the lawyer said.
The science education video in which Bondar appears to be swinging on a wrecking ball while scantily clad was not 香蕉视频直播渟exually charged entertainment,香蕉视频直播 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 Bondar香蕉视频直播檚 video was called 香蕉视频直播淥rganisms do Evolve.香蕉视频直播
In the video, Bondar is wearing what the pop superstar wore 香蕉视频直播 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.
Bondar香蕉视频直播檚 PhD dissertation focused on animal reproduction and led to her ongoing interest in popular science education.
香蕉视频直播淲hile her work often draws on human sexual behaviour, it香蕉视频直播檚 not actually about human sexuality,香蕉视频直播 Quail told the court.
香蕉视频直播淚t香蕉视频直播檚 about animal biology.香蕉视频直播 And it often uses pop culture to 香蕉视频直播渆ngage viewers,香蕉视频直播 she said.
The online content that Bondar has produced 香蕉视频直播渋s mildly titillating in a silly way,香蕉视频直播 Quail said.
Bondar香蕉视频直播檚 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 香蕉视频直播渇air comment香蕉视频直播 and that would likely form the 香蕉视频直播渞eal test of where this case lies.香蕉视频直播
Bondar is alleging that 香蕉视频直播淢r. Neufeld defamed her by this comment and seeks damages,香蕉视频直播 the lawyer said, adding that evidence would show general and aggravated damages were appropriate.
Quail said Neufeld 香蕉视频直播渉as not only refused to retract or apologize for the remark, but repeated it and included it in his fundraising materials,香蕉视频直播 which she said was 香蕉视频直播渙utrageous and malicious香蕉视频直播 in that it increased the plaintiff香蕉视频直播檚 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 someone香蕉视频直播檚 reputation, in that they 香蕉视频直播渢end to lower the plaintiff香蕉视频直播檚 reputation in the eyes of a reasonable person.香蕉视频直播
Bondar香蕉视频直播檚 lawyer said that all three would be 香蕉视频直播渨ell-established.香蕉视频直播
Neufeld has pleaded 香蕉视频直播渏ustification,香蕉视频直播 among three defences, but Quail said the evidence will show 香蕉视频直播渉e knew full well香蕉视频直播 that Bondar is not a striptease artist.
香蕉视频直播淭his is simply not who Dr. Bondar is or what she has achieved,香蕉视频直播 the lawyer said.
The three defences Neufeld filed in connection with the suit were: justification, fair comment and qualified privilege.
香蕉视频直播淣one of these defences can succeed,香蕉视频直播 Quail said.
She told the court Bondar would testify about 香蕉视频直播渉ow hurtful and frustrating香蕉视频直播 it was to have her reputation as an accomplished science educator 香蕉视频直播渞eplaced with an entirely fictional narrative that she is an underdog striptease artist, scrabbling her way to public office,香蕉视频直播 Quail said.
In conclusion, Quail said the libel case is 香蕉视频直播渘ot about balancing the public interest香蕉视频直播 and it isn香蕉视频直播檛 about 香蕉视频直播渁 political contest香蕉视频直播 over SOGI (sexual orientation and gender identity) 123.
香蕉视频直播淭his case is only about defamation,香蕉视频直播 she said.
香蕉视频直播淭his case isn香蕉视频直播檛 about Mr. Neufeld香蕉视频直播檚 personal political agenda. This trial is not a social movement showdown, it香蕉视频直播檚 not about culture wars.
香蕉视频直播淭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.香蕉视频直播
Neufeld香蕉视频直播檚 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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