School Board Decision for Expelling Josh Alexander Over Voicing Gender Views Made Public

Josh Alexander, a Grade 11 student at St. Joseph's High School in Renfew, Ont. is seen in this 2022 file photo. Yan Parisien

The decision made by the Ontario school board that expelled teen Josh Alexander for expressing his views on gender issues has been released after the documents became part of open court record.

Mr. Alexander was suspended from St. Joseph’s Catholic High School in Renfrew, Ont., in November of 2022 after the Grade 11 student expressed his gender beliefs in class and organized a student walkout to protest biological boys being permitted in girls’ bathrooms.

His suspension was later changed to an “exclusion” from school, meaning he was no longer permitted on the premises. That exclusion was extended last September for the 2023-24 school year, which would have been his senior year.

The Renfrew County Catholic District School Board, in its decision, said it denied Mr. Alexander’s appeal and upheld the exclusion order from school because the teen “continued to pose a safety risk.”

The board dismissed Mr. Alexander’s assertions that he was being discriminated against because of his Christian beliefs, adding that it was his behaviour rather than his religious beliefs that were an issue.

“While individuals are entitled to their religious beliefs, opinions and views, what they are not entitled to do is act in the manner that disrespects, discriminates, insults, denigrates, harasses, bullies or otherwise creates an unsafe environment for any person in the school,” the board said in its written decision.

“Beliefs, opinions, and views, no matter how genuinely held, cannot be used to justify treating any individual with disrespect or in any way that devalues them or makes them feel unsafe.”

The school board issued a decision last December denying Mr. Alexander’s appeals of the suspensions and exclusions issued during the 2022-23 school year, but refused to publicize the reason for its decision.

The board told The Epoch Times at the time that it could not comment publicly on students due to privacy concerns.

Mr. Alexander’s lawyer, James Kitchen, filed an application with the Ontario Superior Court of Justice in January for judicial review of the school board’s decision, effectively making that decision part of open court principle. Once that occurred, Mr. Kitchen was able to publish the decision.

Belief and Action

Mr. Kitchen said the school board’s decision reflects an ideological “fantasy world” where the expression of a faith-based opinion could be termed “unsafe.”

“It might offend people but it’s not unsafe,” he said, pointing out that the teen has never touched, threatened, or confronted another student. “That’s just not who Josh is.”

Mr. Alexander, who is now 18, previously told The Epoch Times that he has never bullied anyone at the school.

“Offence is obviously defined by the offended. I expressed my religious beliefs in class and it spiralled out of control,” Mr. Alexander said. “Not everybody’s going to like that. That doesn’t make me a bully. It doesn’t mean I’m harassing anybody. They express their beliefs and I express mine. Mine obviously don’t fit the narrative.”

Tolerance should work both ways, Mr. Kitchen said, adding that other students have the right to vocalize their disagreement with Mr. Alexander’s belief in the existence of God.

“He might not like it, he might be offended by it, but he has to tolerate it because that’s their right to say it,” Mr. Kitchen said. “But he can’t say he disagrees there are more than two genders? How is that tolerance?”

While the board is adamant that Mr. Alexander is not being disciplined “in any way because of his beliefs,” Mr. Kitchen disagrees.

“If you believe something you have to manifest or you don’t actually believe it,” he said. “Josh has manifested his beliefs by speaking it. One follows the other, otherwise it’s meaningless right?”

The Epoch Times contacted the Renfrew County Catholic District School Board for comment about its decision, but did not receive a response prior to publication.

Next Steps

Mr. Alexander has filed an application to have his case heard before the Ontario Superior Court of Justice and is asking the court to rule on the board’s decision to exclude him from school.

He has also submitted an application to the Ontario Human Rights Tribunal (HRTO) alleging “creed” discrimination on the part of the Renfrew County Catholic District School Board, his principal, and two teachers.

The applications reference Mr. Alexander being arrested and charged with trespassing when he attempted to return to school in February of 2023 to complete his Grade 11 studies.

Mr. Kitchen, who is chief litigator with Liberty Coalition Canada, said there is ample legal precedent to prove that Canadians are permitted to express their religious beliefs, citing two separate Supreme Court cases: Syndicat Northcrest v. Amselem and R. v. Big M Drug Mart Ltd.

In R. v. Big M, the court ruled that freedom of religion is “the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination.”

He said he referenced these cases when arguing before the school board but said that the panel “ignored” the law when making its decision.

The school board originally refused to hear Mr. Alexander’s appeal, saying he was still under parental control and an appeal must be filed by his parents.

But that decision was overridden last August when, Ontario Superior Court Justice Jaye Hooper ruled that Mr. Alexander was able to make legal decisions without the input of his parents and, therefore, his appeal should be heard.

The appeal hearing was held last November and both Mr. Alexander and a female Grade 12 student gave testimony to support his case.

Chandra Philip contributed to this report.

Editor’s note: This article was corrected to reflect that the school documents were released after they became part of the open court record. The Epoch Times regrets the error.