Chilliwack school board trustee Barry Neufeld taken to court over conflict of interest allegation

Chilliwack school board trustee Barry Neufeld is under the microscope again, this time in court. 

A petition was filed in BC Supreme Court on Friday, arguing that Neufeld had broken conflict of interest rules for elected officials.

The petition, filed by local resident and former school board candidate Peter Lang, concerns an in-camera meeting of the school board in October 2020. 

In the meeting, Neufeld allegedly made comments relating to a settlement of a human rights complaint with CUPE, the union that represents Chilliwack school support workers.

"[Neufeld] published a comment on his public Facebook site expressing his disapproval of a pay out of thousands of dollars to a gay advocacy group, warning that 'it would come back to haunt us!'" reads part of Lang's petition. 

In an affidavit accompanying the petition, current school board chair Willow Reichelt said that during the in-camera meeting, Neufeld claimed settling the complaint would cost him $50,000, due to the fact that CUPE had not also settled with him. 

"I am aware of my obligation not to disclose to the public the proceedings of an in-camera meeting," wrote Reichelt. 

"My evidence here is given pursuant to the exception in the policy, which permits disclosure where it is necessary to enforce the conflict of interest provisions."

Ongoing investigation

Adrienne Smith, one of Lang's lawyers, argued the legal case flows from the school board's announcement in November that it had excluded Neufeld from future in-camera meetings after he didn't recuse himself on a matter where he had a conflict of interest. 

"This case is really making good on that finding of the school board by seeking a declaration from the court," Smith said. 

Neufeld's history of remarks considered offensive to different groups prompted former Education Minister Rob Fleming to call for his resignation, and the province to commission an external review of the board's "commitment to a school system that is safe, inclusive and welcoming to all students and staff."

In a statement, the Ministry of Education said it would be receiving that report Feb. 26.

"Minister Whiteside has asked trustee Neufeld to resign, so the Chilliwack Board of Education can move forward, putting inclusivity and student wellness front and centre in their work. Mr. Neufeld has not resigned," it said. 

"We cannot comment further as the matter is before the courts, but we are aware of concerns regarding a Chilliwack school board trustee."

Smith said regardless of what the province decides to do, it has no ability to remove a trustee — only the entire school board  — but a judge can rule a local politician must be removed from office and disqualified from seeking office again due to a conflict of interest.

"I think there's a functional remedy under the School Act to deal with conflicts like this, and this process is working," Smith said.

Last week, Chilliwack voters selected a new trustee in a byelection, Carin Bondar, who has been critical of Neufeld's approach.  

Neufeld did not respond to a request for comment by CBC News.