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Education

School board trustees should embrace genuine diversity and avoid unnecessary legal fights

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From the Fraser Institute

By Michael Zwaagstra

Too many Canadian school boards are getting sidetracked by unnecessary legal battles rather than focusing on educating students.

Case in point, Carolyn Burjoski, a former teacher in the Waterloo Region District School Board (WRDSB), recently won a decisive legal victory when Justice James Ramsay rejected WRDSB’s attempt to quash Burjoski’s defamation lawsuit and awarded her $30,000 in legal fees.

Burjoski had sued her former employer because the board chair publicly accused her of transphobic behaviour for raising concerns during a board meeting about the sexualized content in a number of school library books. His public attacks on Burjoski exposed the school board to a defamation lawsuit.

In his decision, Justice Ramsay found that the WRDSB chair “acted with malice or at least a reckless disregard for the truth.” Furthermore, Ramsay explained, nothing Burjoski said during the meeting could reasonably be described as transphobic. Given these facts, it comes as little surprise that the judge ruled decisively in Burjoski’s favour.

Things could have been handled much better by the board. Had the trustees stayed focused on education, they likely would not have gotten sidetracked by Burjoski’s comments. They could have simply thanked Burjoski for her input then gotten back to work on education policy. Instead, the board chair picked a fight with one of his own teachers and led his fellow trustees into a losing legal battle. No one can seriously think this was in the best interest of students, particularly since school taxes were spent on legal fees rather than classroom resources.

Sadly, WRDSB is far from the only school board where trustees are distracted by non-educational issues. In Winnipeg’s Louis Riel School Board, trustee Francine Champagne was suspended three times in one year for making controversial social media posts and failing to submit paperwork. The board even filed a legal application to have Champagne removed from office for allegedly violating the Public Schools Act. However, Champagne resigned before the court case began, which was fortunate for the board, since it no doubt saved them considerable money in legal fees.

Parents and other taxpayers don’t elect school trustees just so their hard-earned tax dollars can be squandered on legal fees. Getting into unnecessary legal fights is a bad idea for any school board.

Fortunately, it’s not difficult for school boards to stay out of court. Refrain from defaming employees who make presentations at public meetings, stay focused on educational basics, and allow for diversity of thought on controversial issues. A board that does these things will save money in legal fees, and have a better learning environment for students.

Besides, there are real issues to be addressed in public education. For example, data from the Programme for Student Assessment (PISA) shows that academic achievement is on the decline across Canada, particularly in reading and math. If students don’t learn these fundamental skills in school, not much else that happens there will matter. Improving classroom instruction should be a top priority for every school board.

Trustees would also be wise to crack down on the growing incidents of violence in many schools. Empowering teachers and principals to remove persistently disruptive students from the classroom is essential. Teachers must know that their employers have their backs when dealing with tough situations. Safe and orderly classrooms are a prerequisite to student learning.

And when controversial issues do come up during board meetings, trustees should take a measured approach and acknowledge that Canadians (including many of their own employees) hold a variety of views on topics such as how much gender and sexuality content should be in library books accessible to children. There’s no need to force everyone into the same mold.

If trustees are serious about promoting diversity, they must remember that this includes diversity of thought, not just diversity of appearance. Genuine diversity means that everyone, students and teachers alike, are free to express different opinions without fear of negative repercussions.

Education suffers when school trustees lose sight of their primary mission. The lessons learned by WRDSB and other embattled school boards should be a clear sign to trustees across Canada—stay focused on educating students.

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Red Deer

Expelled member of Red Deer Catholic School Board will have judicial reviews heard May 1-3

Published on

News release from The Democracy Fund

TDF and James Kitchen Defend School Board Trustee Monique LaGrange

Briefs were filed in Monique LaGrange’s case on the week of April 8, 2024.


RED DEER: The Democracy Fund (TDF) has partnered with lawyer James Kitchen to represent former school board trustee Monique LaGrange as she takes The Board of Trustees of Red Deer Catholic Separate School Division to court for kicking her off the Board because they took offence to one of Ms. LaGrange’s social media posts.

Mr. Kitchen filed two applications for judicial review in December 2023, challenging the Board’s decisions to penalize Mrs. LaGrange and disqualify her from sitting on the Board. Mr. Kitchen has now filed his briefs, which lay out in detail how the Board’s decisions are procedurally unfair and unreasonable and should be overturned by the Court of King’s Bench of Alberta.

The two judicial reviews will be heard virtually by a Red Deer judge over the course of a three-day hearing on May 1-3, 2024, starting at 2:00 PM on Wednesday, May 1. Members of the public are encouraged to attend by accessing this link.

In Alberta, judicial reviews are heard on the basis of a record of documents compiled and submitted to the Court by the decision-maker, which is supposed to include everything presented to the decision-maker at the time the decision was made. In this case, Mrs. LaGrange had submitted to the Board 33 pages of emails and letters from Albertans who supported her. At first, the Board failed to provide these supportive emails and letters to the Court, but that changed when Mr. Kitchen filed an application to compel the Board to do so. Redacted versions of these emails and letters, which are also quoted at length in the briefs, can be viewed here, starting at page 113 of 169.

Mrs. LaGrange was democratically elected to the Board in 2021. Despite this, the Board expelled her because she allegedly failed to comply with sanctions imposed on her by the Board in September 2023 for posting a meme to her Facebook account that some people found offensive. The impugned meme depicted two side-by-side photographs, one of children holding swastika flags and the other of children holding pride progress flags. The meme, which drew much support but also some disapprobation from the community, included a caption stating, “Brainwashing is brainwashing.”

The Board asked Mrs. LaGrange to apologize for the meme, which she declined to do because she believed she had done nothing wrong. In speaking to the Western Standard, Mrs. LaGrange stated, “I was elected to stand up and protect our children, and that is what I am doing.” Among other things, the Board, on September 26, 2023, ordered LaGrange to undergo sensitivity training at her own expense for allegedly breaching their code of conduct by posting the meme and to refrain from making public comments about sexual minorities in her official capacity as a Trustee.

The Board subsequently alleged Mrs. LaGrange had breached some of these sanctions and voted to disqualify Mrs. LaGrange as a trustee.

TDF and lawyer James Kitchen have chosen to defend Mrs. LaGrange to defend the free speech rights of all Canadians, especially in the context of statements made by democratically elected representatives.

To support Mrs. LaGrange, please consider making a tax-deductible donation on this page.

About The Democracy Fund:

Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports access to justice initiatives for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.

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Education

Solar eclipse school closures underscore impact of learning loss

Published on

From the Fraser Institute

By Michael Zwaagstra

Instead of making every effort to protect instructional time and ensure that schools remain open, students are being sent home for ever more dubious reasons.

Schools are closed out of an “abundance of caution.” No doubt you’ve heard this phrase many times over the last few years. It was commonly used during the pandemic when provincial governments closed schools for months on end—even after it was widely known that COVID-19 posed little risk to most children.

Ontario schools were closed for 135 days during the pandemic, more than any other province. Parents and teachers are still trying to recover from this enormous learning loss. Clearly, this was one situation where an abundance of caution caused more harm than it prevented.

Sadly, it appears that provincial officials and school board administrators haven’t learned from their mistakes. Instead of making every effort to protect instructional time and ensure that schools remain open, students are being sent home for ever more dubious reasons.

For example, school boards across Ontario cancelled classes on April 8, the day of the solar eclipse. Apparently administrators felt there was too great a risk that students might look at the sun during the eclipse and damage their eyes. No doubt more than a few of them glanced at the sun while sitting at home that day. However, there was no need for the school closures to be as total as the eclipse. If they were really that concerned, school officials could have kept students indoors or simply altered the dismissal times.

Initially, the Waterloo Region District School Board (WRDSB) took a common sense approach by stating that schools would remain open and teachers would use the eclipse as a learning opportunity for students. Then, only days before the eclipse, the WRDSB suddenly reversed itself and said their schools would indeed close on April 8, and students would have the opportunity to engage in “asynchronous remote learning” instead.

This decision sent the unfortunate message that WRDSB trustees are incapable of standing up to pressure from people who think that schools must close at the slightest sign of real or presumed danger. As for the notion that remote learning was an adequate substitute, our experience during the pandemic showed that for most parents and students, remote learning was thin gruel indeed.

As a further sign of how far paranoia has crept into the education system, some teacher unions demanded they too should be able to work from home during the eclipse. For example, Jeff Sorensen, president of the Hamilton local teacher union, said, “If it’s not safe for children [to be at school], then it’s not safe for adults.”

The union representing Toronto’s Catholic teachers made a similar request. In a memo to its members, local union president Deborah Karam said the union was “intensifying our efforts” to ensure that teachers be allowed to complete their professional development activities at home that day. Surprisingly, no union leader has yet explained why teachers would be less likely to look at the sun while at home than at school.

Of course, school boards must focus on education while also looking out for the wellbeing of students. But there’s more to student wellbeing than simply shielding them from all perceived risks. Extended school closures cause considerable harm to students because they lead to significant learning loss.

By normalizing the practise of closing schools at the slightest sign of danger, real or perceived, we risk raising a generation of young people who lack the ability to do a proper risk assessment. Life itself comes with risk and if we all took the same approach to driving a car that school boards take to school closures, would never set foot in a vehicle again.

Ontario students had a once-in-a-lifetime opportunity to experience a solar eclipse in an educational environment, guided by their teachers. While some parents no doubt taught their children about the eclipse, many others had to be at work.

By closing schools out of an “abundance of caution,” school boards sent the message that school is not a place where unique educational events can be experienced together. Students should be in school during events such as the eclipse, not sitting at home.

If we’re going to exercise an abundance of caution, let’s be a lot more cautious about the risks of closing schools at the drop of a hat.

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