A B.C. Supreme Court judge has ordered a citizen to remove defamatory online comments accusing a City of Nanaimo manager of being a pedophile.
In October, the city and the employee filed a notice of claim against Dean Leon Propp. On Tuesday, Dec. 17, justice Douglas Thompson ordered the defendant to stop publishing "defamatory statements" about the plaintiffs online and remove any online defamatory statements or video within seven days.
In the course of the city worker's previous employment at Nanaimo Ladysmith Public Schools, the school district instituted "gender-inclusive" initiatives, including the flying of a Pride flag and support of gender-inclusive learning, the notice stated.
The employee began working for the city last winter and the plaintiffs claim Propp began saying the employee "was a pedophile or sympathetic to, and supportive of pedophile activity." These included instances on Feb. 5 and April 22 where the defendant is accused of making statements in front of the employee's co-workers, the notice said. Further, on May 27, the plaintiffs allege Propp recorded video of city councillors and employees during a public meeting. The entire recording was posted to social media with commentary describing the employee as a "pedo." A similar video was posted July 22, with a statement that the employee had previously displayed a "pedophile flag" at the school district office. The notice also claimed that, during the city's alternative approval process for works yard improvements, the defendant commented on social media that the employee should "educate the public on what an AAP is" rather than "sexualize children."
Legislation such as the workers compensation act as well as the city's respectful workplace policy and respectful spaces bylaw are in place to ensure workers aren't abused, bullied or harassed, stated the notice of claim. The city's legal representatives informed the defendant, via a letter last spring, that it was "always acceptable" to attack government's policies, but his accusations were "attacking and ruining the lives of defenceless, innocent city workers."
Propp filed a response in late November, admitting to all the plaintiffs' claims except for one, and stated numerous times that he was exercising his freedom of expression and speech. In an application filed in December, he reiterated he was exercising his freedom of speech. Further, he stated he believed his statements to be true and "there is no evidence of harm done to constitute defamation." In addition, he said the plaintiff "never denied being a pedophile" or "sexualizing children," he stated, and he felt it was his duty to protect children from exploitation.