Case of transgender girl fighting Ontario’s sex-ed curriculum repeal dismissed

The Human Rights Tribunal of Ontario dismissed the argument that the government was discriminating against the sixth-grader

The Ontario government’s decision to repeal a modernized sex-ed curriculum does not violate a transgender girl’s rights, the province’s human rights tribunal decided Thursday.

The Human Rights Tribunal of Ontario dismissed the argument that the government was discriminating against the 11-year-old sixth-grader — identified only as AB — by not including mandatory lessons on gender identity in the curriculum at the time she filed the complaint.

The tribunal said a separate court decision in favour of the government made the girl’s complaint moot.

READ MORE: Two students face multiple charges in threats against Ontario school

The Divisional Court ruled in February that it is the role of elected officials, not the courts, to make legislation and policy decisions, noting that government lawyers said teachers were allowed to go beyond what is in the new curriculum.

“While the applicant is worried that she may experience increased victimization, her fear is speculative because it is now clear to all school boards and teachers what is required of them,” adjudicators Jennifer Scott and Brenda Bowlby wrote, noting that the court affirmed that teachers are required to include all students in the sex-ed curriculum.

“There is now no uncertainty about the sex education that she will receive,” they wrote. ”Her teachers must include her because the code and charter require them to teach in an inclusive manner.”

Since the girl’s hearing before the tribunal in January, the Progressive Conservative government introduced a sex-ed curriculum that returns to teaching gender identity and consent.

But the lessons on gender identity will happen in Grade 8 — later than it would have under the modernized curriculum introduced by the previous Liberal government in 2015.

The girl testified in January that she wasn’t sure how classmates would treat her if subjects such as gender identity and gender expression were not required, and voiced concerns about going to a bigger school next year for Grade 7.

“I don’t know what the students have been taught,” she said at the time.

READ MORE: B.C. RCMP arrest foreign national in connection to airport thefts

The challenge before the Divisional Court — which was brought by the Elementary Teachers’ Federation of Ontario and the Canadian Civil Liberties Association — differed from the human rights case because it did not focus on the effects on LGBTQ students.

The applicants in that case argued that the changes infringed teachers’ freedom of expression and put students at risk by failing to be inclusive.

But the tribunal opted to lean on the court decision because the government used the same defence in each case.

“In order for the applicant to succeed, we would be required to find that the Divisional Court erred,” Scott and Bowlby wrote. ”That, in essence, amounts to stepping into the shoes of an appellate court.”

Nicole Thompson, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Field scouting in July

Field scouting can lead to more successful crop production

Wind, wet lodging crops in fields

By Ponoka News Staff The rain may help with moisture concerns but… Continue reading

Alder Flats 4-H Multi Club Report

4-H kids visited aerial park in Edmonton

Mexican recipes for Dora’s Kitchen this week

Tasty enchilada recipe has two types of chilies

Wetaskiwin RCMP investigate indecent act at By The Lake Park

Complaint said man exposed himself in Wetaskiwin

Fashion Fridays: 5 casual summer dress styles

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Bank of Canada lowers qualifying rate used in mortgage stress tests

Home sales softened last year after the federal government introduced new stress test rules for uninsured mortgages

$900M settlement reached in class action on sexual misconduct in Canadian military

After facing criticism, the government moved to begin settlement proceedings in early 2018

Chiefs honour Indigenous leader wrongfully hanged in B.C. 154 years ago today

Chief Joe Alphonse says they want his remains returned to his homeland in B.C.’s Cariboo region

Scrapie, a disease related to mad cow, found in two flocks of sheep in Alberta

Health Canada says there is no known link between scrapie and human health

Alberta oil and gas producer cleanup cost estimates set too low, says coalition

Canadian Natural Resources Ltd. facing the largest bill at $11.9 billion to clean up 73,000 wells

Scheer on Trump: It’s ‘offensive’ to question the family background of critics

Trump is being called a racist for saying that the four congresswomen should go back where they came from

Instagram expands Canadian pilot removing ‘like’ counts to more countries

Social media giant plans to roll out the test in Australia, New Zealand, Brazil, Japan, Italy and Ireland

Natural gas producers demand government action in open letter to Kenney

The letter warns that the viability of the natural gas sector is in jeopardy

Most Read