The Supreme Court of British Columbia dismissed a defamation lawsuit brought by Sayward Mayor Mark Baker against former Sayward CAO John France over a series of Facebook posts in the “Sayward Rant and Rave” group.

Justice Hamilton ruled that France’s posts about Baker’s alleged sexual harassment behaviour, the handling of complaints, and the use of public funds were matters of public interest tied to local governance and political accountability.

The case centered on complaints filed in 2023 by Talia Clark and Councillor Scott Burchett, who alleged Baker made repeated inappropriate comments, sexual jokes, and unwanted physical contact during community and municipal events. Baker admitted making several jokes and acknowledged he sometimes touches people on the shoulder or arm in greeting, but denied engaging in sexual harassment or acting with sexual intent.

France later made numerous Facebook posts criticizing Baker and council, alleging:

• Baker engaged in sexual harassment;

• council improperly handled the complaints in secret “in camera” meetings;

• Baker improperly participated in decisions despite a conflict of interest; and

• public money was being spent protecting Baker’s image instead of resolving the matter.

The court found Baker’s defamation claim had “substantial merit” because the allegations could damage his reputation. However, the judge concluded France’s defence of justification (truth) had a real prospect of success because the “sting” of the posts was substantially true.

Justice Hamilton found:

• sexual harassment does not require vulgarity, sexual intent, or explicit propositions;

• unwelcome touching and sexualized comments can qualify as harassment; and

• Baker’s admitted conduct and the evidence from Clark and Burchett were capable of supporting findings of sexual harassment.

The judge also ruled Baker failed to show significant harm directly caused by France’s posts, noting that:

• the complaints themselves;

• ongoing council dysfunction;

• resignations;

• and widespread media coverage about Sayward governance issues
  were likely major sources of reputational harm and stress.

In the final balancing analysis under B.C.’s Protection of Public Participation Act (anti-SLAPP legislation), the court held that protecting political speech and public debate outweighed Baker’s interest in continuing the lawsuit.

Justice Hamilton concluded that France’s posts were core political expression about municipal governance and accountability, and warned the lawsuit risked creating a “chilling effect” on public discussion in Sayward. The court dismissed Baker’s lawsuit.