British Columbia Clarifies Hate Speech And Workplace Discrimination In Schools

The British Columbia Human Rights Tribunal recently held that former Chilliwack school trustee Barry Neufeld discriminated against LGBTQ2S+ teachers (“the Class”) through public statements about sexual orientation and gender identity initiatives in schools.¹ The decision clarifies the application of hate speech and discrimination laws in the employment context.

Factual Background

In 2017, the Ministry of Education in B.C. approved resources to foster an environment inclusive of sexual orientation and gender identity.² Barry Neufeld, a Chilliwack school trustee, vocally opposed this through social media posts, statements in Board meetings, rallies, and interviews.³ The Chilliwack Teachers’ Association filed a human rights complaint due to Mr. Neufeld’s statements.⁴ The Tribunal was tasked with determining whether Mr. Neufeld discriminated against the Class in their employment, and which of Mr. Neufeld’s statements, if any, constituted hate speech or discriminatory speech.