| The BC Human Rights Tribunal (the “Tribunal”) has found a former school trustee personally liable for violating the Human Rights Code (the “Code”) by discriminating against 2SLGBTQ+[1] teachers in the Chilliwack School District (the “District”) in their employment, publishing hate speech about them, and producing publications which indicated discrimination or were intended to discriminate against them. Background Following 2016 amendments to the Code, boards of education and independent school authorities across BC introduced Ministry of Education-approved resources and tools to foster sexual orientation and gender identity (“SOGI”) inclusive education environments. There was immediate backlash to the SOGI-inclusive efforts by, among others, Barry Neufeld, an elected school trustee of the Chilliwack Board of Education (the “Board”). Mr. Neufeld spent the next five years in a high-profile public campaign against SOGI-inclusive efforts through social media posts and statements made in Board meetings, rallies, and interviews. The Chilliwack Teachers’ Association and the British Columbia Teachers’ Federation filed a human rights complaint on behalf of teachers who identify as 2SLGBTQ+ (the “Teachers”), arguing that Mr. Neufeld’s public rhetoric during his time as trustee constituted discrimination and hate speech in violation of s. 7 of the Code, and his public rhetoric discriminated against the Teachers in their employment, in violation of s. 13 of the Code. The Tribunal ruled against Mr. Neufeld, ordering he pay the Teachers $750,000 as compensation for injury to dignity, feelings, and self respect: Chilliwack Teachers’ Association v. Neufeld (No. 10), 2026 BCHRT 49. Mr. Neufeld Discriminated against the Teachers in their Employment The Tribunal held that trustees play a special role in maintaining a discrimination-free work environment and maintaining the integrity of the school system. This special role means that the conduct of a trustee can impact the school environment, even if that conduct occurs outside of a school or formal board proceedings. Even though Mr. Neufeld’s statements had, at times, occurred outside of schools and board meetings, the Tribunal found that his conduct still impacted the school environment. The content of Mr. Neufeld’s statements were overwhelmingly focused on education in the District, and many referred specifically to the role of teachers. His statements repeatedly characterized SOGI-inclusive education and teachers imparting it as physical, sexual, and moral threats to children. His publications went beyond simply targeting ideas and policies, and instead denigrated 2SLGBTQ+ families, associated them with threats to children, sensationalized their sexuality for negative effect, and exposed them to discrimination. The effect of these public statements created a poisoned work environment for the Teachers. Several Publications were Hate Speech and Indicated Discrimination or an Intention to Discriminate The Tribunal found several of Mr. Neufeld’s publications were likely to expose 2SLGBTQ+ people to hatred or contempt based on their gender identity or sexual orientation. The publications that met this standard demonized and delegitimized 2SLGTBQ+ people. The Tribunal said that Mr. Neufeld’s publications used rhetoric and were purported to be supported by allegedly reputable sources, which had the effect of creating vilification and detestation toward the targeted group. Several publications also indicated discrimination or an intention to discriminate. Publications that Mr. Neufeld made when he was a sitting trustee and in which he expressed an intention or advocated for others to discriminate against 2SLGBTQ+ people in the public education system met this standard. Importantly, this case deals only with the liability of Mr. Neufeld himself for his discriminatory conduct. It does not address whether the Board itself can be liable for that sort of conduct by a trustee, which will need to wait to be determined by a later case. Takeaways The Tribunal provided insight into the bounds of discriminatory speech by public figures and the role of trustees in the greater school environment: |
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[1] Two-spirit, lesbian, gay, bisexual, transgender, queer, and other sexually and gender diverse people.
