An online post by a Chilliwack school trustee that sparked controversy in 2017 could end up being the lightning rod that defines online hate speech in B.C.
Then-trustee Barry Neufeld made a public post on Facebook against sexual orientation and gender identity policies in schools, saying he could "no longer sit on my hands. I have to stand up and be counted.鈥�
The content of that post has been under scrutiny ever since, and is currently being discussed by the B.C. Human Rights Tribunal. On July 4, Neufeld and the B.C. Teachers' Federation (on behalf of the Chilliwack Teachers' Association) gave arguments to the tribunal about why the case should or should not be overseen provincially.
The matter of jurisdiction was discussed throughout the day, in a hearing that was publicly accessible via Microsoft Teams (audio only).
Notably, the B.C. Human Rights Commissioner acted as intervenor in the case, known as BCTV v. Neufeld.
The hearing this week was not meant to discuss whether Neufeld committed hate speech online with his post, although at the very end of the hearing, Neufeld noted that he felt it was a foregone conclusion.
Instead, the tribunal heard from various parties about previous case law with similar jurisdictional issues. The question at hand is whether a provincial human rights tribunal is the proper venue for a complaint about hate speech, specifically online, as Section 7 of the B.C. Human Rights Code does not specifically mention "the internet" as a vehicle for messages.
But that is something that could change, based on the arguments brought forward June 4.
Govender's office released a statement at the end of the day, explaining the case and the reasoning for the commissioner to intervene.
"The commissioner is arguing that the BCHRT has jurisdiction over hate and discriminatory speech published online," the release stated.
"The case ... involves the issue of whether allegations of online hate speech can be adjudicated by the BCHRT or whether they can only be addressed at the federal level."
Govender's role, in part, is to protect human rights in this province, including the rights of LGBTQ+ people. Neufeld's initial post, and many to follow, include comments that many have called discriminatory and hate speech, against the LGBTQ+ community, along with teachers and others who support youth who identify as LGBTQ+.
Govender hopes to make the waters surrounding hate speech, and specifically online hate speech, less muddy.
"In the coming months, the commissioner will add to this intervention to provide 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.鈥檚 Human Rights Code. This is the commissioner鈥檚 first intervention at the BCHRT, adding to the list of cases she has intervened in before the courts," the press release stated.
鈥淥ur intervention is fundamentally about ensuring people in B.C. can enforce their human rights when they have been targeted by hate speech online,鈥� said Govender. 鈥淚t 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.鈥�
Neufeld only spoke briefly throughout the hearing. He was supported by Kari Simpson. Together, they argued that the case should be heard federally instead of provincially.
"It seems like this hearing is putting the cart before the horse," Neufeld said in his closing statements. "There is an assumption that Barry Neufeld has indulged in hate speech."
But he asserts that it's just a matter of opinion, and that he is motivated by wanting to "protect people."
Part of his 2017 post included this statement:
鈥淎t the risk of being labelled a bigoted homophobe, I have to say that I support traditional family values and I agree with the College of paediatricians that allowing little children choose to change gender is nothing short of child abuse,鈥� he wrote. 鈥淏ut now the BC Ministry of Education has embraced the LGBTQ lobby and is forcing this biologically absurd theory on children in our schools.鈥�
At the hearing, he stated that his issue was never with teachers, but doctors and others who help children transition.
"I believe transitioning children does more harm than good," he said. "If trying to protect people is hateful, well, I don鈥檛 get it."
Tribunal member Devyn Cousineau said that wasn't the case, and that that matter wouldn't be discussed until October, if indeed the tribunal finds they have jurisdiction over the matter.
Also in attendance was a legal representative for B.C.'s attorney general, Nikki Sharma. He laid out how federal legislation regarding online hate speech that is currently under review would affect the Tribunal's jurisdiction.
He argued in favour of the B.C. Human Rights Tribunal overseeing this case.
It was revealed at the hearing that Neufeld has not filed some of the required paperwork yet for the case. Among the missing paperwork is his witness list.
This, he said, is because the witness list provided by the BCTF was redacted, making the witnesses' names (mostly teachers) anonymous. Neufeld has requested his witnesses also be anonymous, but that request was denied. Cousineau said that Neufeld gave no evidence that his witnesses would be at risk by being identified.
Cousineau said they will have a decision ready in time to prepare for the October hearing.
In Govender's press release, it is stated that in 2022, seven in 10 young people in Canada were exposed to online hate and violence.
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