Connect with us
[the_ad id="89560"]

Justice

Quebec teacher challenges Education Minister’s gender transition policy

Published

8 minute read

From the Justice Centre for Constitutional Freedoms

The administrators notified the teacher that if she disclosed any information about the child’s in-school gender transition during that spring interview, the teacher would be fired immediately.

MONTREAL, QC: The Justice Centre for Constitutional Freedoms announces the launch of a constitutional challenge in Quebec’s Superior Court against the Ministry of Education. This action is brought on behalf of a teacher who refused to lie to the parents of a 14-year-old student seeking a female-to-male gender transition, as her school administration had ordered her to do.

Following directives in the Education Minister’s Guide and Procedures on trans and non-binary persons’ gender identity, the student’s Montreal high school created a set of procedures to make it illegal to inform parents (or guardians) when their child seeks a gender transition.

At the beginning of October 2023, school administrators advised teachers that they should designate the 14-year-old student with the masculine pronouns “he/him” in class. But when dealing with the student’s parents, teachers were ordered to use the student’s given name and feminine pronouns. They gave this order even though there was no evidence or suspicion of parental abuse.

The teacher informed the administration that while she agreed to observe the student’s pronoun preferences, the teacher objected to the requirement that she lie to parents about their child’s gender change, especially during an upcoming parent/teacher interview.

That interview did not occur. Instead, the school allowed the teacher to submit a written report to the student, copied to the parents, which avoided the use of pronouns. While granting this exception, the school made it clear that the teacher would be obligated to meet with the parents during a parent/teacher interview scheduled for the spring if the parents requested such interview. The administrators notified the teacher that if she disclosed any information about the child’s in-school gender transition during that spring interview, the teacher would be fired immediately.

At that point, the teacher, assisted by the Justice Centre, filed the constitutional challenge to nullify the Minister of Education’s Guide and Procedures because, notably, they “contravene parental rights protected by section 7 of the Canadian Charter of Rights and Freedoms…in defiance of the principles of fundamental justice and without sufficient justification in a free and democratic society.” The teacher also believes that the Guide and Procedures violate the teacher’s section 2 Charter right to freedom of conscience.

Having to lie to her pupil’s parents was the last straw for the plaintiff teacher. “I couldn’t live with myself if I did that,” the teacher stated. “I won’t look them in the eye and intentionally lie about the fact that we are enabling their child to undergo a significant psychosocial intervention without their knowledge.”

According to the teacher’s lawyer, Olivier Séguin, this would be the first time that a court action raised freedom of conscience without also raising freedom of religion. Section 2(a) of the Charter guarantees both freedom of conscience and religion.

“It’s true that the prohibition on lying is common to all religions, but my client’s conscientious objection is not religious in nature,” Mr. Séguin explains.

The teacher went on to say, “Transparent collaboration with parents is essential to my role as a teacher and critical for the long-term wellbeing of children. Lying to parents about how we are treating their children, or about what is going on with children at school, violates the principles of my vocation.”

While it is true that the law does not expressly mention how schools should handle cases like this one, Mr. Séguin says, the Guide’s authors appear to have issued a ministerial directive on the sly, through a “guidance” intended for schools, in which they make the law say things it simply does not say.

For example, in its section entitled “Legal framework” (page 8), the Guide cites section 60 of the Civil Code of Quebec, which states that a request for a name change may be made on the initiative of a minor aged 14 or over, but the Guide ignores section 62, located right next to it, which states that parents must be notified of the request for a change of name and that they are permitted to object.

The Guide’s authors also cite article 71 of the same Civil Code, which also says, like Section 60, a request for a change of gender may be made on the initiative of a minor aged 14 or over. But again, the authors of the Guide fail to note Article 73, which states that parents must be able to object to any such change.

Mr. Séguin does not consider Minister of Education Bernard Drainville responsible for the omissions. The Quebec newspaper Le Devoir had already pointed out that by opposing mixed-sex toilets in schools, he had placed himself in contradiction with “the recommendations of his own ministry,” i.e. the recommendations set out in the Guide.

In the same article, Le Devoir reported that the Guide was the result of collaboration between (1) the Ministry of Justice and (2) the Ministry of Family, (3) the Office Against Homophobia and Transphobia, (4) the Research Chair in Sexual Diversity and Gender Plurality, Université du Québec à Montréal, and (5) the National Table Against Homophobia & Transphobia in Education Networks.

Mr. Séguin says he doesn’t believe the omissions are unintended incompetence, stating, “The irregularities with which the Guide is riddled are both too obvious and too numerous to see anything other than a desire to mislead readers by falsely claiming to translate the letter of the law. I see it as a form of usurpation of power, a denial of democracy.”

As for his client’s position, he says, “Secrecy towards parents, which in practice amounts to lying to them, is a serious violation of the legal contract that binds the state and its citizens.”

Alberta

‘Fireworks’ As Defence Opens Case In Coutts Two Trial

Published on

From the Frontier Centre for Public Policy 

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.

Continue Reading

COVID-19

Ontario gov’t drops over 100 fines from COVID era for compliance violations

Published on

From LifeSiteNews

By Anthony Murdoch

Charges were withdrawn for violations of the Quarantine Act ‘due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.’

Canadian legal advocacy group The Democracy Fund (TDF) says that because of generous donor support it secured the staying or withdrawal of 109 COVID-era tickets given to multiple people in Ontario.

The TDF said in a press update sent to LifeSiteNews that most often the charges were withdrawn or stayed “due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.”

“It’s gratifying to see our hard work pay off, and a relief to our clients who have endured years of legal uncertainty,” TDF paralegal Jenna Little said.

“But the government is still doggedly pursuing many clients for charges that should not have been brought in the first place and consume scarce judicial resources.”

The TDF observed that its clients were charged under the Quarantine Act s.15 (failure to provide information to screening officer), s.58 (failure to complete ArriveCan, failure to arrange for quarantine), or s.66 (obstruct an officer).

It noted that the fine for each charge was around $5,000, with “with potential total fines for conviction on all charges reaching $681,250.”

“Though many of these cases have been successfully resolved, many remain,” the TDF said.

Some of the charges were issued under the Emergency Management and Civil Protection Act, such as s.7.0.11 (obstruct an officer), which can carry a one-year jail sentence and a $10,000 fine.

The TDF stated that in “rare cases” some clients were also charged under “s.10 of the Reopening Act (gather or fail to close premises).”

The TDF noted that despite the recent court wins, there are still “hundreds” of clients who are facing “potential fines and jail time for peacefully protesting or objecting to government overreach during COVID lockdowns.”

The TDF said that during COVID the government used the opportunity to enact “rights-infringing, overbroad laws.”

“Legislators and bureaucrats zealously enforced these laws against Canadians in an effort to secure compliance and suppress peaceful protest. Fortunately, The Democracy Fund (TDF) and its team of lawyers and paralegals, with the support of generous donors, fought back,” it said.

The TDF, founded in 2021, bills itself as a Canadian charity “dedicated to constitutional rights, advancing education and relieving poverty,” by promoting constitutional rights “through litigation and public education.”

In early July, LifeSiteNews reported that TDF lawyers helped get criminal charges against a Canadian man who participated in the pro-family 1 Million March 4 Children protest over radical LGBT ideology being taught in public schools dropped by the Crown.

Over the last couple of years, the TDF has been active in helping Canadians persecuted under COVID mandates and rules fight back. Notable people it has helped include Dr. Kulvinder Kaur Gill, an Ontario pediatrician who has been embroiled in a legal battle with the College of Physicians and Surgeons of Ontario (CPSO) for her anti-COVID views. She has also had the help of Elon Musk.

COVID vaccine mandates, which came from provincial governments with the support of the federal government, split Canadian society. The mRNA shots have been linked to a multitude of negative and often severe side effects in children.

Continue Reading

Trending

X