Lynda di Armani
In June 2023, Lynda di Armani attended a public school board meeting in Chilliwack, British Columbia. A grandmother and former school employee, she went to the meeting to express her concerns about a potential conflict of interest at the board. It had come to light that the board member who was seeking school funding to promote Pride events in schools was also the marketing director for the local Pride society. Ms. di Armani’s remarks were brief and calm.
The school board Chair, Willow Reichelt, along with the Vice-Chair, Carin Bondar, immediately interrupted and muted Ms. di Armani’s presentation, baselessly claiming that her remarks were somehow “discriminatory” and that “[t]here is no conflict of interest when you’re talking about basic human rights.”
After being interrupted four times in rapid succession, Ms. di Armani was ordered to sit down before she had finished. The Chair then muted the livestream of the public meeting. The viewing audience could not then hear Ms. di Armani’s response or the statements of the Chair. Unfortunately, this is part of a pattern of censorship at this school board.
The Board’s message has been clear: if we dislike your expression, we will silence you. We will strike your voice from the public record in the name of “human rights” and preventing “discrimination.”
Fortunately, the Supreme Court of Canada has been very clear: public schools are government bodies subject to the Canadian Charter of Rights and Freedoms. Section 2(b) of the Charter protects the freedoms of thought, belief, opinion, and expression of all Canadians, including at school board meetings.
School board censorship silences debate. It violates the right of speakers to express themselves. It violates the right of board members and the listening public to access a diversity of perspectives. It disrupts democracy and undermines democratic accountability.
Unfortunately, the problem of “school board censorship” is not unique to British Columbia.
It happened to Trustee Mike Ramsay in Waterloo, Ontario. It happened to former elementary school teacher Carolyn Burjoski in the same district. Increasingly, school boards across the country are neglecting their Charter obligations to protect expression. Instead, they are disciplining trustees, silencing dissent, and depriving the public of necessary debate on critical issues.
Ms. di Armani knows that school boards should not mute disagreement. On the contrary, disagreement and debate are part of a healthy democracy.
Thanks to your donations, JCCF lawyers helped Lynda di Armani file a constitutional challenge against the school board in the Supreme Court of British Columbia.
She is asking the Court to declare that the school board violated her Charter rights and the Charter rights of the listening public. She seeks a Court Order that allows the public to record school board meetings themselves as a measure that would prevent school board censorship in the future.
We, alongside the JCCF, will continue to help Lynda di Armani fight censorship in Chilliwack through her constitutional challenge in the Supreme Court of British Columbia. Will you join us in this fight for our basic rights?
Attn: Lynda Di Armani
c/o Rights and Freedoms Fundraising Society
P.O. Box 21004
Chilliwack, BC V2P 8A9
All legal and quasi-legal proceedings are supposed to be open to the public. The BC Human Rights Tribunal currently forces us to request permission before they will provide access to listen in on any proceedings.
While their website says you must request access 7 days prior to the hearings, they have been granting access to those who applied on Friday, and should continue to grant access to anyone applying over the weekend or Monday morning.
If the hearing is by video conference, at least one week before the hearing, email [email protected] to request dial-in-audio access (listen in only without video) at the presiding Member’s discretion. The email you send us must:
Identify the hearing from the hearing schedule (CS-001372)
Attach a completed and signed agreement to attend the virtual hearing that includes your name and the telephone number you will be dialing in with
More Information on requesting access to a hearing is found on the Tribunal’s website here:
https://www.bchrt.bc.ca/law-library/public-hearings/
——- Forwarded Message ——-
From: James Kitchen <[email protected]>
Date: On Friday, November 22nd, 2024 at 1:04 PM
Subject: RE: CS-001372 BCTF obo Chilliwack Teachers Association v. Barry Neufeld_public access requests granted
To: BC Human Rights Tribunal AG:EX <[email protected]>
CC: Alanna Tom <[email protected]>, ‘[email protected]’ <[email protected]>, Sokolova, Maria OHRC:EX <[email protected]>, Stefanie Quelch <[email protected]>, ‘[email protected]’ <[email protected]>, ‘[email protected]’ <[email protected]>, Khan, Sarah OHRC:EX <[email protected]>
Hi Britt,
I anticipate a significant number of people that will be requesting to access the hearing. If those people are denied purportedly because they did not request early enough, the Respondent will regard that denial as a very unfortunate breach of the open court principle, which, of course, is protected by section 2(b) of the Charter.
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.
A process that may be lawful would involve requiring requests to attend and granting those requests within 1 business day of receipt, absent a lawful reason for denying the request.
In those circumstances, members of the public who submitted their requests today would be able to access the hearing starting Tuesday morning, if not also Monday.
This is what the Respondent would expect and what the law of the open court principle demands.
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.
Regards,
James SM Kitchen
Barrister & Solicitor
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