Former B.C. school trustee ordered to pay $750K for hate speech, discrimination: human rights tribunal
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The B.C. Human Rights Tribunal has ordered former Chilliwack school trustee Barry Neufeld to pay $750,000 for violating the Human Rights Code by publishing hate speech and discriminatory content against 2SLGBTQ+ people.
“Mr. Neufeld invoked negative and insidious stereotypes about LGBTQ people, especially trans people, which denied their inherent dignity and, in some cases, reflected the hallmarks of hate against them as a group,” the tribunal said in a decision Wednesday.
Neufeld was one of the “loudest critics” against the B.C. government’s move in 2017 directing school boards to update codes of conduct to address bullying based on “SOGI,” or sexual orientation and gender identity, according to the tribunal’s decision.
“For five years, he publicly denigrated LGBTQ people and teachers and associated them with the worst forms of child abuse,” said the tribunal members, adding that the effect was a discriminatory work environment for 2SLGBTQ+ teachers in the district.
Neufeld did not respond to CBC News’s request for comment by publication deadline.
The complaint was brought to the tribunal by the Chilliwack Teachers’ Association and B.C. Teachers’ Federation (BCTF) on behalf of their members who identify as LGBTQ.
The tribunal’s decision noted it used the LGBTQ term in its decision as set out in the association’s initial complaint, but did not intend to erase or overlook the breadth of sexual and gender diversity.
Neufeld’s publications included Facebook posts, a speech at a gathering, a widely-circulated email, and comments at a school board meeting and in the media.
The tribunal found six of his publications were likely to expose trans, gay and lesbian people to hatred or contempt based on their gender identity or sexual orientation.
“These publications demonize and delegitimize trans people (and in one case, lesbian and gay people) and cast them as a powerful menace threatening the security of children and their families.”
More than 20 of Neufeld’s publications indicated discrimination or an intention to discriminate against 2SLGBTQ+ people in the Chilliwack School District.
One unnamed teacher, who uses she/they pronouns, testified before the tribunal that Neufeld’s comments made the people in their life ask them “to reconsider going into teaching.”
They said they chose not to be out as a queer person professionally because they and their family feared for their safety, which they described as a tough and isolating experience.
The teacher said not being out affected their ability “to show up in the classroom as their best self.”
The tribunal quoted the teacher: “I think that teachers teach with their heart, and a lot of our personality goes into that, and without being able to be your authentic self, you’re not able to show up wholly.”
The BCTF and Chilliwack Teachers’ Association sought an award of $750,000 in compensation to teachers’ association members who identify as LGBTQ between October 2017 through 2022 for injury to their dignity, feelings and self-respect.
The tribunal agreed with the award, saying Neufeld “poisoned” the workplace with anti-2SLGBTQ+ discrimination.
The tribunal said the $750,000 will result in individual awards between around $4,600 to $16,667 per class member, according to the decision.
It noted the purpose of the award is to compensate for the harms of discrimination rather than be punitive.
The tribunal said it is sometimes appropriate to order a person to undergo mandatory training.
“However, in this case, we are not persuaded such an order would have any beneficial effect in this complaint, given Mr. Neufeld’s clearly entrenched views.”
The BCTF is calling the decision a “huge win for 2SLGBTQIA+ rights.”
“It affirms that discriminatory and hateful rhetoric has no place in our public education system —especially when it comes from someone entrusted with a leadership position,” said BCTF president Carole Gordon in a statement.
“Inclusion and respect are not optional in British Columbia’s schools,” she added.
A second decision from the tribunal, also released Wednesday, ordered Neufeld to pay $10,000 in punitive costs for improper conduct during the complaint.
The tribunal said Neufeld “repeatedly and flagrantly demonstrated his disregard for the Human Rights Tribunal and its process” and deliberately violated the tribunal’s rules and orders.
The tribunal said he “surreptitiously” recorded a pre-hearing conference call and posted the recording on YouTube and published privileged information about settlement discussions.
