By Onna Young • Halifax • 2024-09-30
David Gagnon, a United Church minister, has stepped into the spotlight amid the growing controversy surrounding transphobic pamphlets that have been flooding mailboxes in New Brunswick as the provincial election looms. Gagnon’s passionate stand against these materials highlights his commitment to LGBTQ2S+ rights and his broader call for solidarity and action.
Wayves talked to Ganon’s about the concerns, strategies, and the legal avenues he’s pursuing to combat this unsettling issue.
David, you’ve been at the forefront of addressing the troubling issue of anti-LGBTQ2S+ pamphlets being distributed in New Brunswick. How do you view the situation?
It’s really worrisome, on multiple levels. As a gay man, I naturally see these pamphlets as hate mail. It’s disturbing to see how the Premier frames this as a matter of free speech rather than hate speech. Freedom of speech comes with responsibilities—it’s not an absolute right where anything goes. For instance, you can be sued for libel. The freedoms we have are balanced by the need to prevent harm. These pamphlets clearly cross that line into hate speech.
[The situation] is really worrisome
There seems to be a misunderstanding between Canadian and American standards regarding free speech. How does this confusion impact the situation?
That’s right. Premier Higgs appears to be influenced by an American understanding of free speech, which doesn’t hold the same legal standing here in Canada. We have clear statutes about what constitutes hate speech. Mr. Higgs would benefit from a refresher on these laws. This situation definitely treads into the realm of hate speech, which should be scrutinized under our legal standards.
Have you received any feedback or support from the federal government on this issue?
I’ve had some discussions with local MPs who are aware of the situation but are cautious about appearing to meddle in provincial matters. They’ve expressed concerns but are hesitant to take a more active role due to the political sensitivities. However, our press release calling out the hate speech has been an attempt to address this issue publicly and pressure the authorities to act.
Canada Post, being a federal entity, is overseen by the Minister of Procurement. What steps have you taken regarding them?
I filed a formal complaint with Canada Post and the ombudsperson, although I don’t expect an immediate resolution. The complaint has been registered, but I doubt we’ll get a statement of contrition. I was advised by a federal human rights group to consider filing a human rights complaint, given that Canada Post’s distribution of these pamphlets could be seen as a violation of rights. The New Brunswick Human Rights Commission was less receptive, as I don't fit the exact criteria they require for individual complaints. Nonetheless, the Commission has acknowledged the issue, which is somewhat reassuring.
The second pamphlet, which suggests that only heterosexual couples are valid, is discriminatory and harmful.
Is there any ongoing or planned legal action?
I’m exploring the possibility of a class-action lawsuit against Canada Post. While I’m not aware of any existing legal actions yet, I believe it’s worth pursuing. The second pamphlet, which suggests that only heterosexual couples are valid, is discriminatory and harmful. This isn’t just a trans issue; it’s an attack on the entire LGBTQ2SIA+ community. We need to present a united front. I’m also working with other ministers to organize a press event in Moncton to address this issue and to push back against these hate-filled materials.
Street protests have been organized in response, but there are limitations due to the involvement of groups like teachers’ unions. How do you see this playing out?
Yes, the street protests are crucial, but there are constraints. Many groups, like teachers’ unions, can’t participate directly due to their roles with children. We need to find ways to involve them indirectly and ensure their voices are part of the broader response. Our church is actively engaging with community partners and organizing events to amplify our message. It’s vital that we’re visible and vocal in our opposition.
The United Church has a notable history of supporting LGBTQ2S+ rights. Can you share more about the church’s stance and involvement?
The United Church has been a progressive force on LGBTQ2S+ issues. We’ve recognized same-gender marriage since 1988, long before it was legally sanctioned in Canada. We have a significant number of LGBTQ2S+ clergy and ministers. Our church has been a refuge for individuals from other denominations who faced rejection. Our track record in human rights and social justice is strong, and this situation is just one of many where we’re actively engaged. However, we’ve faced pushback for our stance, including instances of vandalism.
Are there specific resources or actions you’d recommend for New Brunswick’s trans readers to ensure their voices are heard?
Trans individuals who feel targeted should definitely file complaints with both the New Brunswick Human Rights Commission and the Federal Human Rights Commission. The more complaints lodged, the more pressure will be applied to Canada Post to address this issue. It’s crucial that these materials are reviewed and that we hold Canada Post accountable for distributing hate speech.
Our church is actively engaging with community partners and organizing events to amplify our message. It’s vital that we’re visible and vocal in our opposition.
The distribution of such mail is a serious concern, given that it crosses a legal line. Has anyone looked into the legal ramifications of this?
I haven’t seen specific legal actions yet, but it’s something worth exploring. My current focus is on organizing a press event with other ministers to make a public stand. We anticipate more pamphlets may come as the election nears, and we need to be proactive in our response. We aim to unite community partners and emphasize that this kind of discrimination cannot be tolerated.
From: Chroma NB 
What about the involvement of teachers’ unions and other groups? They seem crucial but face limitations.
Absolutely. The unions may hesitate due to their roles with children. However, we’re trying to find ways to involve them indirectly and leverage their support. It’s important to engage with these groups and ensure their voices are part of the broader effort.
Are there any upcoming events or actions that people should be aware of?
It’s crucial for people to participate and support in actions. I’m also looking for information on upcoming gatherings to share with our community. Every action helps in making our stance clear and showing that hate has no place in our society.
The Campaign Life Coalition is behind these materials. How does this group influence the current situation?
The Campaign Life Coalition, heavily funded by the Roman Catholic Church, is driving these hate-filled materials. Although they present themselves as pro-life, their agenda has been overtaken by far-right groups promoting discrimination against LGBTQ2S+ individuals. Their influence in New Brunswick’s pre-election environment raises serious questions. Tightening electoral laws could help prevent such hate speech from being tolerated in the future.
It’s essential for the LGBTQ2SIA+ community to stand together.
Is there anything else you’d like to add about the current situation or the broader context?
It’s essential for the LGBTQ2SIA+ community to stand together. History shows us that once one group is targeted, it’s easier to spread discrimination to others. We need to be vigilant and proactive in our support. Our collective power can make a significant impact, and it’s crucial that we continue to fight for our rights and stand against hate.
Thank you for sharing your insights, David. Your commitment to this cause is truly inspiring.
Thank you. It’s vital that we remain united and active in our efforts to combat hate and discrimination. Our voices and actions are powerful tools in this struggle.
Add your voice to the calls for Canada Post and the NB governments to take transphobic hate speech seriously.
- Canada Post Superintendent: Wendy.gibson@canadapost.postescanada.ca
- NB Human Rights Commission: hrc.cdp@gnb.ca (506)453-2301
- Elections NB: info@electionsnb.ca (506) 453-2218
- Canadian Human Rights Commission: https://www.chrc-ccdp.gc.ca/en
- Contact David Gagnon via email to Wayves
.
