Schools say Crown gave incorrect GSA information
Religious schools’ attorney claims ‘flaw’ in gay-straight alliance law at appeals hearing
Numerous principals and teachers who attended an Alberta Court of Appeal hearing say inaccurate information about the rules governing gay-straight alliances was made by the attorney representing the Alberta government.
Twenty-six Alberta religious schools are appealing a June 27 ruling by Court of Queen’s Bench Justice Johnna Kubik, who dismissed a bid by the schools to delay implementation of the provincial government’s Bill 24 until they could launch a constitutional challenge to the legislation.
During the hearing, Crown attorney Kristan McLeod told the three justices that the only thing schools are not allowed to share with parents is who is attending a GSA — a club that must be established at a school should a student request one.
“There is not secrecy around the establishment of GSAs,” McLeod told justices Frederica Schutz, Bruce McDonald and Dawn Pentelechuk in a courtroom packed with about 60 people inside and another 60 watching proceedings outside the courtroom.
“Parents are allowed to find out about which activities their GSAs are engaging in,” said McLeod.
“Schools and teachers are allowed to control what those activities are. There needs to be parental notification about any off-school activities, whether there needs to be vetting of any materials being distributed, what the activities are. The only thing that is not allowed to be disclosed is whether or not a child is attending a GSA,” added McLeod.
That, however, is not what the legislation says, it is not what the Alberta government said in response to a question on the issue Tuesday, it is not what government documents — particularly what has been dubbed the Rainbow Reprimand — state, it’s not what Education Minister David Eggen has repeatedly said and it runs counter to evidence provided to the court on Monday and by numerous teachers and principals.
Section 16.1(1) of the School Act states that if a student asks to set up a GSA, the principal of the school “shall immediately” grant permission and “is responsible for ensuring that notification, if any, respecting a voluntary student organization or an activity referred to in subsection (1) is limited to the fact of the establishment of the organization or the holding of the activity.”
“There’s a flaw in the law,” said Jay Cameron, a lawyer with the Justice Centre for Constitutional Freedoms, which is representing the 26 schools in the appeal.
“What’s happening on the ground is that the legislation restricts the information parents are told about their children. Principals can’t tell parents that their kids are attending a GSA conference off of school grounds without informing the parents that their child is attending a GSA,” he said Tuesday.
In the colour-coded government document sent to schools whose safe and caring policies do not comply with Bill 24, on Page 5 ( just one of numerous examples) the government highlighted in green a school policy that reads: “Planning of events (including invitation of outside speakers) and notification about activities to be undertaken will be in accordance with the usual practices and responsibilities of the school.” (The portion referring to “notification” was highlighted to be removed.)
During the hearing, Cameron revealed that children had been taken off school grounds, sometimes by a volunteer GSA facilitator, without the parents’ permission or knowledge.
Court heard that on numerous occasions GSA students were driven to the adult facilitator’s house by the facilitator without the permission of any parents. In another case, a 15-year-old boy, along with other friends from his GSA, attended a GSA conference off school grounds where he was given 153 condoms, materials that told him to “explore your anus” and a 50-page flip book with graphic instructions on how to have sex.
Two teachers from a central Alberta Christian school told Postmedia on Tuesday that a “field services manager” who was working with them in an effort to help their school become compliant with Bill 24 told them that the information the school can share with a parent is “limited to the fact of the establishment” of the GSA. Postmedia heard a recording of the conversation.
Only in the case of a student being in dire risk of harm could any information be shared with parents, the field services manager said during an almost two-hour telephone conversation that was taped in July.
If a teacher or principal defies this legislation, they can have their certification to teach stripped.
When asked to clarify what can or can’t be divulged under Bill 24, a spokesperson with Alberta Education wrote Tuesday: “All the information you’re looking for can be found here: https://education.alberta.ca/gay-straightalliances/what-is-a-gsa/.”
The pertinent sentence states: “Clarifying that parental notification around courses of study, educational programs or instructional materials does not apply to student organizations or activities, including GSAs and QSAs.”
“There are no exceptions to the requirement that principals restrict info from parents, except that a club has been established in the school. That’s it,” said Cameron.
If what the Crown attorney said was actually the case, Cameron says, there would be no need for his clients’ legal challenge.