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

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5 minute read

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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Education

Support a young reader through the Tim Hortons Smile Cookie campaign

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Smile Cookies are coming to a Tim Hortons near you!

We know you missed those delicious chocolate chip cookies with the big blue eyes and bright pink smiles! And we are so thankful Tim Hortons is bringing its Smile Cookie campaign back next week!

Helping struggling students become readers of potential is exactly what local Tim Hortons stores want as proceeds for its Smile Cookie campaign, which runs April 29 – May 5, will be directed to Reading College, a project of the Foundation for Red Deer Public Schools.

“We set up this amazing and fun summer program for kids in Grade 2 where they learn to love reading, and gain the skills to continue their growth as learners. Reading is the foundation for success in school and life. If we can help further develop their skills and instill a love for reading, it creates a lifetime of difference for that child. It will make a difference for them, make a difference for their families and make a difference in their life experiences. That’s the beauty of Reading College,” said Superintendent of Schools, Chad Erickson. “Last year, we had 67 graduates of the Reading College program who were incredibly engaged and able to excel and improve their reading abilities over the month of July, setting them up for further success.”

“The Smile Cookie Campaign is a great opportunity to raise awareness on the importance of literacy. It really does create life chances for students. Reading College is made possible through great support from our community and Tim Hortons – we could not operate it without this support,” said Kristine Plastow, Foundation Board Chair. “I encourage the community to get out there and buy their cookies next week!”

From April 29 – May 5, Tim Hortons restaurant owners in Red Deer will generously donate proceeds from sales of a special smiling chocolate chunk cookie to support the Reading College program through The Foundation for Red Deer Public Schools. The $1.50 treat helps community programs across Canada in the cities where they are sold. This year, 10% of funds raised from Smile Cookies will support the Tim Hortons Foundation Camps, of which more than 100 students from Red Deer Public Schools will attend.

Join us for Smile Cookie Day May 4

“We invite the community to join us for our Smile Cookie Day on May 4 at the Tim Hortons on Thomlison Avenue in Red Deer,” said Plastow. “We have partnered with the Red Deer RCMP, Emergency Services and the Alberta Sheriffs. Come and sit in a firetruck or police car, meet local emergency responders and buy a delicious Smile Cookie, while supporting a great cause!”

“We are excited to bring back the Smile Cookie campaign this spring. On behalf of all Tim Hortons’ restaurant owners and team members in Red Deer, I would like to thank our fantastic guests for their loyalty, generosity and support of the campaign,” said Tanya Doucette, Tim Hortons Restaurant Owner in Red Deer. “We are thrilled to support The Foundation for Red Deer Public Schools and their Reading College program. With funds raised we are helping students learn to read, which will ultimately help set them up for a lifetime of success. During Smile Cookie Week, we welcome all Red Deerians to buy a delicious freshly-baked Smile Cookie in support of a great cause, which helps benefit children in our community.”

Help us promote the campaign by ‘liking’ Red Deer Public Schools on Facebook and ‘following’ us on Twitter, both under @rdpschools. You can also find us on Instagram @reddeerpublicschools.

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Red Deer

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

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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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