A Kamloops City Councillor sued for libel and defamation by Mayor Reid Hamer-Jackson has filed an application to BC Supreme Court to have the case dismissed – under relatively new anti-SLAPP legislation.

Strategic Lawsuits Against Public Participation – are actions typically brought by persons subject to public criticism in an effort to silence or intimidate their critics.

B.C. passed the Protection of Public Participation Act in 2019, joining a lengthy list of jurisdictions that have brought in similar anti-SLAPP laws.

In a statement provided to NL News, Katie Neustaeter says “For the past year I had hoped that Mayor Reid Hamer-Jackson would take steps to de-escalate the situation by dropping his baseless and costly lawsuit. Unfortunately, Mayor Hamer-Jackson has instead repeatedly demonstrated the the concerns I expressed on behalf of councillors were well-founded. Accordingly – I have proceeded with a SLAPP filing, seeking to dismiss the claim against me on the basis that my statements related to matters of public interest – the governance of our city.”

According to an FAQ page on the website for the law firm Osler, Hoskin & Harcourt LLP, “The Act permits a defendant to move for an order dismissing a proceeding against them if it can satisfy the court that the proceeding arises from an expression that relates to a matter of public interest. If it does so, the burden then shifts to the plaintiff to satisfy both the merits based hurdle and the public interest hurdle.”

For the merits based hurdle the plaintiff, in this case Reid Hamer-Jackson, must satisfy the court there are grounds to believe that the proceeding has substantial merit, and the defendant, Katie Neustaeter, has no valid defence in the proceeding.

To clear the public interest hurdle, Hamer-Jackson’s lawyers will have to convince the court that the harm they are likely to have suffered or are likely to suffer due to Neustaeter’s statements against him, outweighs the public interest in Neustaeter’s comments.

Councillor Neustaeter was sued for libel and defamation by Mayor Hamer-Jackson in June of 2023.

The lawsuit claims statements made by Neustaeter earlier in the year, including a public statement she read aloud on behalf of councillors in the wake of a series of unilateral committee changes made by the mayor, have had damaging effects on Hamer-Jackson.

That news conference was attended by all members of council, excluding the mayor.

The mayor’s lawsuit claims the statement was false and defamatory and that since the March 17th news conference, “various members of the public have inferred or concluded Hamer-Jackson has physically or sexually assaulted, abused or assaulted Neustaeter and/or others.”

In an interview with NL News at the time, Hamer-Jackson claimed he was accosted by a member of the public who called him a “pervert” while out with his wife.

Hamer-Jackson’s former lawyer David McMillan told Kamloops This Week reporter Michael Potestio that when “a young, attractive-looking councilor” claims personal boundaries were violated, people can infer sexual misconduct.

The Mayor has since retained new lawyers.

In July of last year, Neustaeter filed a response in court in which she accused the mayor of violating the boundaries of several council members by repeatedly discussing family members and disclosing private information.

Neustaeter also said Hamer-Jackson has talked about other councillors’ family members, implying conflicts of interest.

Regarding the anti-SLAPP filing, she tells NL News, “I’m confident that the merits of the case are in my favour, and I look forward to defending myself against this needless and vexatious action against me.”

The case will be heard in Kamloops the week of Nov. 4