British Columbia is not the only province where human rights commissions police the speech of citizens. The BC Human Rights Tribunal generated outrage across Canada for ordering former Chilliwack School Board Trustee Barry Neufeld to pay $750,000 to an unknown number of unidentified LGBTQ teachers who disagreed with his opinion that children should not be exposed to transgender ideology.
Like its B.C. counterpart, the Alberta Human Rights Commission also prosecutes citizens over their speech. Leduc business owner and former municipal candidate Karen Richert is facing a human rights complaint over her online comments about a “family friendly” drag show promoted by a local dance studio. Ms. Richert argued that children should not be exposed to such performances. The commission is prosecuting this speech complaint despite the fact that it was filed beyond the one-year statutory deadline. By ignoring this strict legal limit, the commission reveals its bias in favour of the complainant.
Also in Alberta, Benita Pedersen is facing a human rights complaint after distributing flyers opposing a proposed rainbow crosswalk in Westlock. Ms. Pedersen is a local DJ, children’s entertainer, event coordinator, and workshop facilitator. In June 2023, after learning that the Town of Westlock planned to paint a rainbow crosswalk featuring colours associated with progressive pride and transgender inclusion, she created and distributed a flyer encouraging residents to contact local elected officials and oppose the project.
In Ms. Pederson’s own words: “Based on my personal experiences in interacting with parents and children, I have learned that the practice of ‘gender affirmation’ harms kids more than it helps. When I composed the flyer, one of my objectives was to warn parents about the potential consequences of children pursuing the pathway of transgenderism.” A local resident filed a human rights complaint alleging the flyer discriminated on the basis of gender, gender identity, and gender expression. A two-week hearing before the Alberta Human Rights Tribunal has been scheduled for September 2026.
It is easy, and certainly not unfair, to blame complainants like the Westlock resident for using state power to silence speech they disagree with. But the real problem is the fact that human rights tribunals enjoy authority to prosecute expression in the first place. It is time for Danielle Smith’s government, and for all provincial governments across Canada, to repeal the legislative tool that people can use to censor their fellow citizens.
Section 3 of the Alberta Human Rights Act expressly prohibits any “statement” or “publication” that “indicates discrimination or an intention to discriminate” against people based on their gender, gender identity, gender expression, sexual orientation and other personal characteristics.
Subsection 3(2) of the act says that Section 3 shall not be deemed to “interfere with the free expression of opinion on any subject.” The Legislature probably intended to prohibit only discriminatory signage like “Women need not apply” or “We don’t serve Jews.” Unfortunately, the people who run the Alberta Human Rights Commission don’t see it that way. These taxpayer-funded bodies use their authority to prosecute sincere and well-meaning citizens like Benita Pedersen and Karen Richert, and others who publicly disagree with rainbow ideology.
I hope that Premier Smith and all MLAs of all parties will support removing Section 3 from the Alberta Human Rights Act, such that no Albertan need live in fear of honestly expressing their opinion on a topic. Without Section 3, this act would continue to prohibit discrimination in employment, tenancy, the provision of goods and services, and other dimensions of life. After Section 3 has been repealed, citizens like Benita Pedersen and Karen Richert, and all Albertans, can speak freely without facing the risk of a human rights prosecution.
John Carpay, B.A., LL.B., is president of the Justice Centre for Constitutional Freedoms (jccf.ca).
