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Head of Canadian Civil Liberties Association calls Doug Ford's sex ed changes a 'dog-whistle of bigotry'
The Canadian Civil Liberties Association (CCLA) is suing the Ontario government in an attempt to stop what it calls "discriminatory" changes to the sex ed curriculum for elementary school students.
Premier Doug Ford's Progressive Conservative government announced the major changes to the curriculum on Wednesday in a news release, and suggested teachers would risk punishment if they don't adhere to the interim curriculum — an older version of the health and physical education curriculum that has undergone some modifications.
The government is also setting up a website so any parents concerned about what their children are hearing in class can complain about teachers.
CCLA executive director Michael Bryant called the government's actions a "ham-fisted dog-whistle of bigotry, of homophobia, dressed up as a consultation fix."
"We are calling it out and taking it to court," he told reporters in downtown Toronto on Thursday afternoon.
Teachers' unions, thousands of parents and the Official Opposition have criticized the government's decision to scrap the modernized sex ed curriculum, which was brought in by the former Liberal government in 2015. That version of the curriculum included information about online bullying, sexting and gender identity, and marked the first update since 1998.
But opponents of the curriculum, especially social conservatives, have objected to parts addressing same-sex relationships, gender identity and masturbation.
Michael Bryant said the CCLA is filing the lawsuit on behalf of a 'courageous family' whose daughter could be marginalized should the government's changes to the sex-ed curriculum go ahead as planned. (Chris Glover/CBC)
Bryant, who was Ontario's attorney general from 2003 to 2007, said all parties involved have been notified about the lawsuit, which is being filed on behalf of Becky McFarlane — a mother who self-identifies as queer according to the court filing — and her 10-year-old daughter, who will be starting Grade 6 at a Toronto public school in September. The girl's name isn't being released for privacy reasons.
Byrant said the government's interim curriculum strips out substantive information that will result in the family feeling othered.
"They've taken out content in a way that discriminates against this family on the basis of their sexual orientation and gender identity," he said.
The court filing — submitted to a divisional court of the Ontario Superior Court of Justice — said the family has nothing to gain financially from filing the lawsuit.
Lawsuit hinges on 3 main arguments
Stuart Svonkin, a lawyer with Chernos Flaherty Svonkin LLP, is working with the CCLA on the lawsuit. He told CBC News the organization plans to challenge the government on three main points:
"I don't think they can possibly be surprised," he said.
A group of human rights lawyers are also challenging the government's decision in a separate lawsuit on behalf of six families.
Neither Ford nor Education Minister Lisa Thompson have taken questions from reporters since announcing the changes. CBC News has been seeking an interview with Thompson for three straight days, but her office maintains she is "unavailable."
Toronto school board still has questions
The chair of Canada's largest school board says the Ontario government needs to spell out the differences between its newly released interim sex ed curriculum and the document it is replacing.
Toronto District School Board chair Robin Pilkey says the interim curriculum doesn't clearly address what teachers can and cannot teach when classes resume in less than two weeks.
The Canadian Civil Liberties Association (CCLA) is suing the Ontario government in an attempt to stop what it calls "discriminatory" changes to the sex ed curriculum for elementary school students.
Premier Doug Ford's Progressive Conservative government announced the major changes to the curriculum on Wednesday in a news release, and suggested teachers would risk punishment if they don't adhere to the interim curriculum — an older version of the health and physical education curriculum that has undergone some modifications.
The government is also setting up a website so any parents concerned about what their children are hearing in class can complain about teachers.
CCLA executive director Michael Bryant called the government's actions a "ham-fisted dog-whistle of bigotry, of homophobia, dressed up as a consultation fix."
"We are calling it out and taking it to court," he told reporters in downtown Toronto on Thursday afternoon.
Teachers' unions, thousands of parents and the Official Opposition have criticized the government's decision to scrap the modernized sex ed curriculum, which was brought in by the former Liberal government in 2015. That version of the curriculum included information about online bullying, sexting and gender identity, and marked the first update since 1998.
But opponents of the curriculum, especially social conservatives, have objected to parts addressing same-sex relationships, gender identity and masturbation.
Michael Bryant said the CCLA is filing the lawsuit on behalf of a 'courageous family' whose daughter could be marginalized should the government's changes to the sex-ed curriculum go ahead as planned. (Chris Glover/CBC)
Bryant, who was Ontario's attorney general from 2003 to 2007, said all parties involved have been notified about the lawsuit, which is being filed on behalf of Becky McFarlane — a mother who self-identifies as queer according to the court filing — and her 10-year-old daughter, who will be starting Grade 6 at a Toronto public school in September. The girl's name isn't being released for privacy reasons.
Byrant said the government's interim curriculum strips out substantive information that will result in the family feeling othered.
"They've taken out content in a way that discriminates against this family on the basis of their sexual orientation and gender identity," he said.
The court filing — submitted to a divisional court of the Ontario Superior Court of Justice — said the family has nothing to gain financially from filing the lawsuit.
Lawsuit hinges on 3 main arguments
Stuart Svonkin, a lawyer with Chernos Flaherty Svonkin LLP, is working with the CCLA on the lawsuit. He told CBC News the organization plans to challenge the government on three main points:
- The government's decision is not consistent with Ontario's Education Act, which requires the province to provide inclusive school environments.
- The decision is inconsistent with the Charter of Rights and Freedoms — specifically, the equality of rights and security of the person.
- The decision violates the Ontario Human Rights Code.
"I don't think they can possibly be surprised," he said.
A group of human rights lawyers are also challenging the government's decision in a separate lawsuit on behalf of six families.
Neither Ford nor Education Minister Lisa Thompson have taken questions from reporters since announcing the changes. CBC News has been seeking an interview with Thompson for three straight days, but her office maintains she is "unavailable."
Toronto school board still has questions
The chair of Canada's largest school board says the Ontario government needs to spell out the differences between its newly released interim sex ed curriculum and the document it is replacing.
Toronto District School Board chair Robin Pilkey says the interim curriculum doesn't clearly address what teachers can and cannot teach when classes resume in less than two weeks.
