As tensions rise in anticipation of an upcoming hearing, concerns over witness safety have taken center stage. The BC Human Rights Tribunal has ruled that while witnesses for the BCTF will have their identities protected, those testifying on behalf of Neufeld will not.
The decision comes as a result of the tribunal’s application to ensure that individuals can participate in its process without fear of harm or exposure. In this case, teachers are set to share evidence about their own sexual orientation and gender identity or expression, and how these aspects impact their experiences at work. Publishing their identities could lead to threats, harassment, and violence.
The BCTF submitted evidence of social media posts and news articles that accuse transgender and 2SLGBTQ+ educators of sexualizing, exploiting, and grooming children. The potential for teachers to be targeted with such accusations is real, threatening their reputations as professionals who work daily with children and their families.
However, the tribunal did not find similar concerns applicable to Neufeld’s witnesses. Without adequate explanation from Neufeld regarding his application, it was impossible for the tribunal to assess privacy interests against potential public interest in publishing witness identities.
The hearing between the BCTF (on behalf of the Chilliwack Teachers’ Association) and Barry Neufeld is set for July 4 via a Microsoft Teams video conference. The BC Human Rights Commission will focus on whether it has jurisdiction over allegations of hate speech published online, with Commissioner Kasari Govender’s first intervention at the BC Human Rights Tribunal.
As parties prepare to exchange witness lists and provide brief “will-say” statements setting out anticipated evidence, concerns around witness safety remain a top priority. The current complaint was brought forward in 2018, with Neufeld attempting to have it dismissed – an attempt he ultimately lost in August 2023.
The BCTF alleges that Neufeld created and published discriminatory homophobic and trans-phobic statements. A sample of these statements includes the suggestion that the SOGI 123 school initiative is an “evil ideology” which affects children’s minds, as well as claims that allowing little children to change gender is nothing short of child abuse.
Neufeld was a trustee on the Chilliwack board of education at the time of these statements. As tensions build ahead of this critical hearing, it remains to be seen how Neufeld will respond and what implications this may have for his witnesses’ safety.