Public shut out during SOGI 'online hate' hearing at BC Human Rights Tribunal

On November 25, the B.C. Human Rights Tribunal began hearing an “online hate speech” case against Barry Neufeld, a former Chilliwack school trustee whose criticism of the province's controversial Sexual Orientation and Gender Identity program, SOGI 123, sparked allegations of hate against him.

The hearing, seven years in the making, was initiated by the BC Teachers’ Federation (BCTF), which filed a complaint under Section 7 of B.C.’s Human Rights Code. This prohibits publishing any material that demonstrates “discrimination or an intention to discriminate against a person or a group or class of persons” and anything “likely to expose a person or a group or class of persons to hatred or contempt because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or that group or class of persons.”

Neufeld has consistently maintained that his criticism of the program, which encourages resources promoting gender ideology and sexually explicit books in schools, was never directed at any group or individual but rather at the ideology encouraged through program itself.

According to Neufeld, his counsel, James Kitchen, who is representing him thanks to ongoing crowdfunding from Neufeld’s supporters, performed well during the cross-examination of Elizabeth Saewyc, an expert witness for the BCTF. Saewyc, who specializes in studying adolescent sexuality, previously testified against B.C. nurse Amy Hamm, who is awaiting the outcome of her disciplinary hearing for advocating for female-only spaces.

According to Neufeld, Kitchen was able to draw out “the point that this hearing is about middle-aged teachers feeling threatened, not adolescent students.”

Kitchen also began his cross-examination of Glen Hansman, a gay former teacher and past BCTF president. Hansman and Neufeld previously faced off in a defamation case that Neufeld ultimately lost, after Hansman claimed the trustee was “not safe” to be around children.

Unfortunately, many of Neufeld’s supporters and even members of the media were prohibited from attending the start of the hate speech hearing which is suppose to be a “public hearing”.

The tribunal is not only forbidding any in-person or video attendance but also introduced a procedural barrier, requiring observers to apply for audio access at least one week before the hearing. This rule was quietly posted on the tribunal’s website, catching many off guard.

“The Tribunal requires members of the public to request access to its hearing at least one week before the hearing. Otherwise, we cannot guarantee access. Your request has been made late. The Tribunal will review your request, but this may take several days. We will advise if your request is granted and, if so, send you an audio link to observe the remainder of the hearing” wrote a case manager for the Tribunal.

This measure was met with criticism from would-be observers, free speech proponents, and some attorneys.

“Completely denying access to a hearing unless those seeking to attend request access at least a week in advance is reasonably perceived by the public as an attempt by the Tribunal to shield itself from public scrutiny, contrary to law,” Kitchen wrote in a statement addressed to the tribunal regarding the rule.

“I urge the Tribunal to comply with the law in this regard. Refusing to do so not only exposes the Tribunal to litigation, it undermines public trust in the Tribunal’s processes,” he added.

Neufeld said he took a moment during the restricted hearing to read out loud the below statement he received from his former counsel, Paul Jaffe, who also expressed concern over the access restrictions. “This is disgraceful. I would refuse to participate without an open hearing and walk out until they open the hearing to the public,” wrote Jaffe.

Following pushback, the tribunal appeared to reverse its stance by granting access to those who had registered, in time to attend Tuesday’s hearing. Attendees were also informed of a publication ban that prohibits the public release of details identifying the names of teachers testifying.

Kitchen is expected to wrap up his cross-examination Wednesday of Hansman and Chilliwack Teachers’ Association representative Ed Klettke.

The hearing is expected to continue until December 6. An exclusive interview with Mr. Kitchen is coming soon on Rebel News.

Drea Humphrey

B.C. Bureau Chief

Based in British Columbia, Drea Humphrey reports on Western Canada for Rebel News. Drea’s reporting is not afraid to challenge political correctness, or ask the tough questions that mainstream media tends to avoid.