Former B.C. school trustee ordered to pay $750K in discrimination, hate speech complaint

Barry Neufeld was first elected to Chilliwack's Board of Education in 1992. (Barry Neufeld/Facebook)

Former Chilliwack school trustee Barry Neufeld has been ordered to pay $750,000 in damages to LGBTQ2S+ teachers after the B.C. Human Rights Tribunal found dozens of his public statements amounted to discrimination or hate speech.

The decision, released Wednesday, caps a human rights case nearly a decade in the making and concludes that Neufeld’s public attacks on sexual‑orientation and gender‑identity education, known as SOGI 123, helped create a “poisoned” work environment for queer and trans teachers in Chilliwack.

The tribunal determined he breached three sections of the Human Rights Code—including employment discrimination, discriminatory publications, and hate speech—and ordered him to compensate dozens of teachers impacted by his conduct. The ruling also underscores that school trustees have a legal duty to uphold safe and inclusive learning environments.

Damages and orders

The tribunal awarded $750,000 to the Chilliwack Teachers’ Association for equal distribution among LGBTQ2S+ class members. The panel estimated the class likely includes between 45 and 163 teachers, but the exact number will be confirmed by the CTA during distribution.

It also ordered $442 to one teacher for lost wages tied to participating in the proceedings and applied pre‑ and post‑judgment interest to the amounts. The panel issued a cease‑and‑refrain order, prohibiting Neufeld from repeating similar conduct.

Neufeld has also been ordered to pay additional costs for improper conduct during the proceedings, in a concurrent ruling not yet posted on the tribunal’s “recent decisions” page.

What the Tribunal found

In its 143‑page decision, the tribunal concluded Neufeld “publicly denigrated LGBTQ people and teachers” over a five‑year period and “inundated public discourse in Chilliwack with speech that degraded and denied trans people.” His statements, the panel found, “sought to eliminate public policies for their inclusion” and stoked “an imaginary threat posed by their social acceptance,” amplifying anti‑LGBTQ2S+ sentiment across the school district.

The tribunal found that Neufeld’s statements created a discriminatory work environment for LGBTQS2+ teachers, and that 24 of his posts indicated discrimination or an intent to discriminate. It also concluded that six of his public posts, referred to jointly as “Hate Speech Publications” in the decision, violated s.7(1)(b) of the Code.

“This provision prohibits the publication of speech that ‘is likely to expose a person or a group or class of persons to hatred or contempt’ because of their protected characteristics. This is colloquially referred to as ‘hate speech,’” the decision explains.

At the same time, the tribunal dismissed 19 statements—13 alleged to be hate speech and six alleged to be discriminatory. The panel reasoned many did not meet the high legal threshold for hate speech, weren’t closely tied to public education, or the potential harm was too remote.

The panel also declined to order mandatory anti‑discrimination training, writing that Neufeld’s views appeared “clearly entrenched,” making such an order unlikely to be effective. Additionally, since Neufeld is no longer a trustee after losing his bid in the 2022 election, the panel said this training would not lead to a less discriminatory workplace for the complainants.

Neufeld had argued throughout the hearing that his statements weren’t derogatory toward LGBTQ2S+ people and that he was simply criticizing government policy, particularly the SOGI 123 curriculum. He maintained that his comments reflected legitimate concerns and evidence‑based viewpoints, not discrimination or hatred.

But the tribunal rejected this framing, noting that the Supreme Court of Canada had already found in a related defamation case that his rhetoric “went beyond a critique of a government program” and veered into harmful stereotypes and misinformation about queer and trans people—including that they don’t exist.

“The existence of trans and gender diverse individuals is a fact,” reads the decision. “People can and do live beyond the binary. People can and do decide that they were assigned the incorrect gender at birth. Trans people are here, existing in schools and homes and workplaces.”

A nearly decade-long legal battle

The case began in 2017, when the Chilliwack Teachers’ Association and the BC Teachers’ Federation filed a complaint over Neufeld’s public comments. In 2024, the tribunal confirmed it could consider online discriminatory publications, allowing the matter to proceed to a full merits hearing. Testimony and submissions stretched across several dates in late 2024 and early 2025, wrapping up on May 21, 2025.

BCTF president Carole Gordon said the final decision validates the union’s commitment to see the case through, even as leadership changed hands.

“We’ve probably gone through three different presidents at BCTF and multiple local presidents within Chilliwack, but we didn’t give up on behalf of those Chilliwack teachers, the entire union and all who learn within,” said Gordon, adding “It’s a huge win for our members who took a stand and kept showing up.”

Kasari Govender, B.C.’s Human Rights Commissioner and an intervenor in the case, welcomed the ruling, particularly the way it underscores that people in power still have human rights obligations while engaging in political debate.

“Occupying an elected position such as being a school trustee can mean that hateful and discriminatory messages are seen as more credible and can spread faster and further, which in turn can mean that the impact of those messages is intensified,” Govender told CTV News.

She says the ruling is also important because it confirms that both denial of the existence of trans people and associating LGBTQ2S+ people with child abuse amounts to hate under the law.

“All elected officials should be paying attention to this decision,” Govender said, adding she hopes it “clarifies the important guardrails around public and political debate, which can be challenging, controversial, offensive and even harmful but cannot cross the threshold into hate.”

Gordon emphasized the ruling’s message to people in power, noting its importance in the wake of the Tumbler Ridge tragedy, which has prompted a surge in hateful rhetoric against trans people in response to the late shooter’s gender identity.

“The narrative out from some public officials within British Columbia attacking trans people and trans kids… I think this ruling underscores that freedom of expression comes with responsibility. I hope they’re listening,” said Gordon.

She applauded the tribunal for recognizing the value of SOGI 123, an optional resource launched in 2016 to help districts and teachers create inclusive policies, environments and lessons. It was developed with the province and education partners, coinciding with B.C.’s move to add “gender identity or expression” to the Human Rights Code and require SOGI‑inclusive district policies. The pilot began in nine districts and, despite controversy, spread to all 60. Use of the classroom materials remains optional.

“It’s an evidence‑based resource that helps reduce harm. This decision reinforces that.”

What’s next

The tribunal’s cease-and-refrain order now applies to Neufeld’s future conduct. Any appeal or judicial review would proceed through the B.C. Supreme Court, though none has yet been filed. The CTA has six months to distribute the damages.