A controversial figure who claims that schools are brainwashing children to adopt a transgender identity will be allowed to speak in Oak Bay on Thursday, after councillors decided they have no legal basis for shutting down the talk.

In light of community concerns that the talk by Jenn Smith promotes transphobic hate speech, Oak Bay mayor and council sought legal advice about whether to allow the event to be held in a public meeting space at Windsor Pavilion.

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“At the end of the day, the legal opinion was very clear. It was not, by a legal definition, a hate speech event,” Mayor Kevin Murdoch said Tuesday. “The freedom of expression requirements under the charter trump any sense of distastefulness on this pretty controversial topic.”

Murdoch acknowledged that although the topic doesn’t qualify as hate speech, many people in the community find Smith’s views “hateful and hurtful.”

Smith’s talk, called “The Erosion of Freedom: How transgender politics in school and society is undermining our freedom and harming women and children,” is critical of B.C.’s sexual-orientation and gender-identity (SOGI) policy in schools.

The SOGI 123 curriculum was rolled out in 2017, after the B.C. government directed school districts to amend their anti-bullying policies and promote lessons on family diversity, including same-sex families and LGBTQ rights.

Ryan Painter, a trustee for the Greater Victoria school district, was planning a protest Thursday night to condemn Smith’s speech, but he found out on Tuesday that Oak Bay staff have not approved his event at Queens’ Park near the Oak Bay Marina.

Painter was told his event, which will include speeches from trans-rights advocates and gender-diverse students, would be too loud due to sound equipment and would disrupt neighbours. He was told the protest could take place at Cattle Point, so he plans to pitch that location to protest attendees.

Painter said he’s frustrated that Smith’s talk, held in an indoor space, can go ahead, yet his event is facing roadblocks.

“I’m disappointed that my event, which is focused on love and inclusivity and focusing this conversation around LGTBQ youth, is not being approved because it will be too loud for neighbours,” he said.

Smith disputes the notion that people are born transgender and argues the school system is pushing children, particularly vulnerable kids in the foster system or with autism, to transition against their parents’ wishes.

Smith calls gender reassignment surgery “genital mutilation” and hormone therapy a tactic by the pharmaceutical industry to ply kids with drugs. His talks in Campbell River, Duncan and one planned in Nanaimo today have faced similar opposition in those communities.

Smith’s talk is being promoted by the Canadian Christian Lobby and Culture Guard, two conservative groups that have sought to remove sexual-orientation and gender-identity policies from B.C. schools, claiming they erode traditional family values.

Murdoch intends to send his own message of inclusion by hosting a gathering at Willows Park on Thursday evening. His event will not feature speakers.

“I don’t want to minimize the fact that people have a lot of anxiety about this talk,” Murdoch said. “I fully recognize that the decision to allow the talk to go forward is going to be seen by some as not a willingness [by Oak Bay] to stand up for the transgender community and the LGBTQ+ community.

“I really feel that hate speech has no place in our society,” he said.

Many people have called and emailed staff at Oak Bay Parks and Recreation to express their disappointment that Smith was given approval to use public space. The parks and rec department does have a policy that bookings should reflect community values, Murdoch said, but council will consider changing the booking policy so staff can get more information about what types of events are being booked.

Murdoch said a revised policy should “find the right balance between freedom of expression and the right of people to feel safe and included in their community.”

On Monday, Smith, who was born male and calls himself a “transgender-identified male,” threatened to sue Oak Bay council for loss of earnings if he was censored. While the event is free, he plans to solicit donations.

Smith rejects the idea that his views represent hate speech and said there needs to be a space for diverse viewpoints.

kderosa@timescolonist.com