Ontario Appeals Court Allows Defamation Case of Former Teacher Concerned About Age-Appropriateness of Books to Proceed

Carolyn Burjoski, a former Waterloo Region District School Board teacher, was ejected from a school board meeting in January 2022 after raising questions about the age-appropriateness of some books in elementary school libraries that deal with gender transition. Screenshot via The Epoch Times

A former Ontario teacher has been given the go-ahead by the Ontario Court of Appeal to bring a defamation lawsuit against the Waterloo Regional District School Board (WRDSB).

Justices Benjamin Zarnett, Patrick J. Monahan, and Renee M. Pomerance on Nov. 5 dismissed an appeal filed by the school board of an earlier court decision in favour of Carolyn Burjoski. The teacher had launched a defamation lawsuit for an accusation by the school board chair that her remarks were “transphobic” when she spoke at a board meeting questioning the age-appropriateness of some books in school libraries

“While we acknowledge the extreme vulnerability and disadvantage of transgender persons, we nevertheless dismiss the appeal from the motion judge’s order permitting the respondent’s defamation proceeding to continue,” the Justices wrote in the court decision.

“It is one thing to counter discriminatory speech; it is quite another to counter speech that was not expressed.”

School Presentation

On Jan. 17, 2022, Burjoski made a board presentation during which she raised concerns about certain books available in school libraries.

During the presentation, WRDSB then-chair Scott Piatkowski cut her time short, saying her remarks were in violation of the Human Rights Code.

In a Jan. 18, 2022, media interview, Piatkowski said that comments Burjoski made were “transphobic” and “were questioning the right to exist of trans people.”

According to court documents, Burjoski was discussing school library books that she felt made it “seem simple or even cool to take puberty blockers and opposite sex hormones.”

Burjoski filed the defamation lawsuit, which the board and Piatkowski challenged to be dismissed using the anti-SLAPP law. The legislation, with acronyms standing for “strategic lawsuit against public participation,” is meant to void lawsuits used to silence people speaking out on issues of public interest.

Burjoski won that case, but the board and Piatkowski appealed.

The appeals court decision means Burjoski can move forward with her case against the board and former chair Piatkowski.

“We find that the harm experienced by the respondent outweighs the public interest attaching to the Board Chair’s speech. This is not a case in which the action is abusive, strategic or otherwise subject to the anti-SLAPP regime,” the court said.

“The Board Chair’s remarks would have led members of the public to perceive that the respondent said something far more insidious than she did. There is a public interest in defending the rights of those who are stigmatized, but this does not license speech that derogates from truth.”

Burjoski said the court decision was significant for several reasons.

“They recognized the serious harm that I suffered. The court noted that the chair’s false statements about me were broadly disseminated, and it can be reasonably inferred that they have had a deleterious impact on my reputation,” she said in a Nov. 7 YouTube video.

She said the court also noted that Piatkowski “exaggerated the content, tone, and import“ of her remarks,” which would lead “members of the public to perceive that I said something insidious.”

The Epoch Times reached out to WRDSB and Piatkowski for comment but did not hear back by publication time.

Judicial Review Lawsuit

In a separate case, Burjoski also has a judicial review lawsuit against the board and former chair over their decision to halt her presentation.

An Ontario court ruled on Nov. 29, 2023, that the school board was within its rights to stop her. The three-judge panel said the board needed to keep order according to its bylaws and that a high degree of deference should be given to school boards.

Burjoski has filed an appeal of that decision.