LEGAL CHALLENGE
Ontario’s largest teachers’ union seeks injunction to keep sex-ed curriculum in place and to stop what it calls the government’s “snitch line”
TORONTO — One of Ontario’s largest teachers’ union has launched a legal challenge against the government’s decision to repeal a modernized version of the province’s sexualeducation curriculum.
The Elementary Teachers’ Federation of Ontario said Tuesday — the first day of the school year in the province — it is seeking an injunction to keep the curriculum in place and to stop what it calls the government’s “snitch line” where parents can report non-compliant teachers.
ETFO president Sam Hammond said the government’s changes to the curriculum are reckless and put students at risk. He said the union’s legal action is vital to ensure that educators and school boards can continue to protect the safety and health of students.
“It also seeks to stop the operation of this unnecessary and counterproductive complaint or snitch line,” he said.
Ontario’s Progressive Conservative government has warned there will be consequences for teachers who use the modernized version of the lesson plan put in place by the Liberals in 2015.
“In a worst-case scenario this snitch line would allow anonymous parents, or anyone as a matter of fact, to target any teacher for any reason,” Hammond said. “The potential for abuse is enormous.”
The Tory government’s plan to scrap the 2015 sex-ed curriculum was announced in July, fulfilling one of Premier Doug Ford’s key campaign promises. The document included warnings about online bullying and sexting, but opponents, especially social conservatives, objected to parts addressing same-sex relationships, gender identity and masturbation.
Ford has promised provincewide consultations to build a new curriculum starting this month.
Late last month, the Ontario government released a sex-ed curriculum meant to temporarily replace the now-repealed modernized version. It was delivered to school boards and posted online after repeated requests from educators who sought clarity on the issue.
The province also launched a website where parents can flag concerns about teachers who stray from the government’s “revised interim curriculum” and has also urged parents to file complaints with the Ontario College of Teachers.
Hammond said the union has no choice but to turn to the courts in order to protect the safety and health of students. The government’s decision is an abuse of power and a direct conflict with teachers’ professional obligations, he added.
“Teaching issues like consent, LGBTQ relationships, gender identities and many other human development issues related to today’s realities are not only necessary, but vital for student safety, well-being and inclusivity,” he said.
A spokesperson for Education Minister Lisa Thompson said because the matter is before the courts it would be inappropriate for the government to comment.
NDP education critic Marit Stiles said the legal challenge is a sad way to start the new school year.
“No matter how you look at it, this is going to be a costly affair for this government,” she said.
This isn’t the first legal challenge. In August, the Canadian Civil Liberties Association filed an injunction with the Ontario divisional court in a bid to stop the government from replacing the 2015 curriculum. The CCLA filed the challenge on behalf of the Toronto-area family of Becky McFarlane, a queer parent whose 10-year-old daughter will be attending Grade 6 in the fall.
McFarlane’s family feels excluded from the revised interim lesson plan, the association said at the time.