Image: Barry Neufeld / B.C.'s human rights commissioner says she is seeking clarity around a human rights tribunal case involving former Chilliwack trustee Barry Neufeld.

By Mike Vanden Bosch

Former SD33 trustee Barry Neufeld

B.C. human rights commissioner seeks clarity on case involving former Chilliwack trustee

Jul 4, 2024 | 3:15 PM

CHILLIWACK — B.C.’s human rights commissioner says she is seeking clarity around a human rights tribunal case involving former Chilliwack trustee Barry Neufeld.

According to a news release dated Thursday, July 4, B.C.’s human rights commissioner, Kasari Govender, says her office intervened in a case before the B.C. Human Rights Tribunal (BCHRT) involving allegations of hate speech and discriminatory speech published on the internet. The commissioner is arguing that the BCHRT has jurisdiction over hate and discriminatory speech published online.

The case, British Columbia Teachers’ Federation (BCTF) on behalf of Chilliwack Teachers’ Association v. Neufeld, involves the issue of whether allegations of online hate speech can be adjudicated by the BCHRT, or whether they must be addressed in a federal setting, like a court of law.

The commissioner’s office says she will add to this intervention to offer guidance to the tribunal on the legal test for hate speech, to help distinguish between speech that discriminates against gender-diverse people and speech that, while offensive, does not breach B.C.’s Human Rights Code. This amounts to the commissioner’s first intervention at the BCHRT, adding to the list of cases she has intervened in before the courts.

The court case involving Neufeld began when the BCTF filed a complaint with the BCHRT after Barry Neufeld, a then-SD33 trustee, made a series of online posts that included statements about trans and queer-inclusive education. The complaint argues that Mr. Neufeld engaged in speech that is likely to produce hatred or contempt against people on the basis of their gender identity or expression and sexual orientation.

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“Our intervention is fundamentally about ensuring people in B.C. can enforce their human rights when they have been targeted by hate speech online,” said Commissioner Kasari Govender. “It is crucial that we clarify where people can turn when they have been subject to online hate speech, as more and more of our lives are spent in digital spaces and as online hate continues to proliferate.”

The Commissioner’s 2023 From Hate to Hope report describes an increase in hate incidents online through the pandemic. Statistics Canada has also reported that in 2022, seven in 10 young people in Canada were exposed to online hate and violence.

The commissioner previously intervened in a judicial review of this case before the B.C. Supreme Court, which took place in response to Neufeld’s application to have the tribunal case dismissed without a full hearing. The court found that Neufeld’s judicial review was premature because it was brought before proceedings at the BCHRT fully concluded, which can only be done under exceptional circumstances.