Judge awards Neustaeter costs, damages after victory in Hamer-Jackson defamation suit

“While we as councillors have been subjected to repeated disrespect, violations of personal and professional boundaries, belittling and constantly disruptive behavior by the mayor,” said Neustaeter in 2023.

That quote read by Neustaeter served as the basis for one of four claims of defamation by Hamer-Jackson struck down earlier this year. The three other dismissed claims were tied to workplace emails and a strategic planning session held behind closed doors.

“I want to very clear about this – I filed for damages to make an undeniable statement. The family members of elected officials should never be leveraged or manipulated for political benefit,” said Neustaeter on Friday. “In my case, this was a very vulnerable family member who is also a senior.”

The councillor was referring to her father, former MLA Kevin Krueger, who is living with dementia. Hamer-Jackson and Krueger were in contact early in the term, in spite of Neustaeter’s pleas for the mayor not to involve her father in council-related discussions.

Neustaeter was awarded full costs and $5,000 in damages associated with the case, a first in British Columbia for a case involving politicians.

“The only precedent that existed – and not in B.C., where this has never happened before – was a $10,000 application, so we used that as a guideline,” explained Neustaeter. “But to me the dollar amount was absolutely negligible. It was about making a point and it was about ensuring it was enough that people will think twice before they engage in this kind of behavior.”

Neustaeter had been indemnified by the city, meaning city taxpayer dollars were used to finance her defense. With Friday’s decision, the city will be reimbursed by Hamer-Jackson.

“There are still steps to be taken in determining that exact amount. My understanding is that it is well upward of $250,000, and we will have to wait for the official number, but that is the one that I’m comfortable saying at this time,” responded Neustaeter.

Reached on the phone, Hamer-Jackson called the decision “unbelievable”, saying he hadn’t yet seen it and is working on an appeal. He did not make himself available for an interview.

“To my mind, this is done. The judge was incredibly clear – it is based in fact and evidence and knowledge of the law,” added Neustaeter. “And I think he would be wise to stop where he is and face the music.”

With both Neustaeter, for council, and Hamer-Jackson, for mayor, on the ballot for another term at Kamloops city hall, Neustaeter was asked if she would be able to work with Hamer-Jackson for another four years.

“I have more confidence in the public than that,” said Neustaeter.

by Michael Reeve

Judge awards Neustaeter costs, damages after victory in Hamer-Jackson defamation suit

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