Ontario Teacher Silenced for Questioning Gender Transition Books Appeals Court Decision

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

An Ontario teacher who was silenced and removed from a school board meeting for questioning the age-appropriateness of gender-transition content in some elementary school library books says she is appealing a court decision that declined a judicial review of the board’s action.

The Divisional Court of the Ontario Superior Court of Justice said it would not review the action by the Waterloo Region District School Board (WRDSB) to stop Carolyn Burjoski’s presentation back in January 2022. The court ruled on Nov. 29 that the school board was within its rights and was following its bylaws to protect minority voices.

The case is separate from a defamation lawsuit Ms. Burjoski filed against the WRDSB in April 2022. That lawsuit was given the go-ahead by an Ontario Superior Court judge just a few days earlier, on Nov. 23.

Ms. Burjoski says the Divisional Court’s ruling to decline a judicial review is “deeply concerning.”

“It could set a troubling precedent for free expression in Canada, empowering school boards and other public bodies to silence and censure every voice they disagree with,” she said in a video post on her website, CancelledTeacher.com, on Dec. 14.

She has filed a notice of motion for leave to appeal—a legal procedure asking Ontario’s Court of Appeal for permission to appeal the ruling. In the court filing, she says the Divisional Court did not consider her charter right to freedom of expression.

“This is not just about a school board meeting,” Ms. Burjoski said in the video. “It’s about the integrity of open dialogue on important issues in our educational system and other public forums.”

“Our democracy thrives on diverse opinions and the freedom to express them. It’s vital that our judicial system protect our charter rights against administrative overreach that stifles our free speech.”

The Epoch Times reached out to the school board for comment but did not hear back by publication time.

The school board had responded to the Divisional Court’s decision by saying it would continue to uphold its bylaws and policies.

In a post on its website on Dec. 5, the board said: “The Court found ‘no basis established upon which any finding of a reasonable apprehension of bias, or any actual bias, on the part of the WRDSB could be justified.’

“We will continue to uphold the Board’s bylaws and policies and to act in accordance with the Board’s obligations under the Education Act.”

Presentation Cut Short

In a presentation before the school board on Jan. 17, 2022, Ms. Burjoski shared her concerns about the age-appropriateness of the content of some children’s library books that discuss gender identity and transition. However, board chair Scott Piatkowski stopped her, saying she may be violating Ontario’s Human Rights Code.

Ms. Burjoski was expressing concern about books available in elementary school libraries that made it “seem simple or even cool [to] take puberty blocks [blockers] or opposite sex hormones,” according to the court decision.

“This was not just a violation of my right to free expression, but a stark display of authoritarian speech suppression in a public forum where diverse viewpoints should be welcomed and discussed,” she said in her video.

A Jan. 25, 2022, post on the school board website says that stopping the presentation reduced harm to students, staff, and the community. ​

​"External legal counsel confirmed that the board has reduced liability to the board by putting a stop to the delegation to the January 17 Committee of the Whole Meeting and not sharing the video, and that further, the board has taken the necessary steps to reduce harm to WRDSB students, staff and community and reduce its legal exposure,” the post said.

“The board has been advised that by taking these steps it is in adherence to board bylaws, board policies, the Ontario Human Rights Code, the Education Act and Ministry of Education directions, and as such the board has complied with its obligations and responsibilities as required by law.”

Court Decision

In the Nov. 29 decision, the Divisional Court said “a high degree of deference” must be given to decisions by elected decision-makers like those at school boards.

“The WRDSB trustees are accountable to their community and are well-versed in the goals of the education system and the boundaries of proper debate at meetings,” the court decision said.

“School boards should be free to act as modern, democratic, dynamic legal personalities, provided only that there be some statutory foundation for, and no express statutory prohibition of, their conduct.”

The court decision also said Ms. Burjoski was free to voice her opinion on the content of books in other forums.

“The decision was ultimately about Burjoski’s choice of words, which were, in the opinion of the WRDSB, derogatory and contrary to its Bylaws,” said the court decision.

Defamation Lawsuit

Ms. Burjoski’s defamation lawsuit, which is against the WRDSB and Mr. Piatkowski, is not connected to the judicial review but rather deals with the alleged reputational damage Ms. Burjoski experienced due to comments made by Mr. Piatkowski after the presentation.

In media interviews following Ms. Burjoski’s attempted presentation before the school board, Mr. Piatkowski called her comments “transphobic.”