The Elementary Teachers’ Federation of Ontario and the Canadian Civil Liberties Association argued that the provincial government violated Charter rights by putting in place an outdated curriculum
An Ontario court has dismissed a legal challenge of the government’s interim sex-education curriculum from the province’s elementary school teachers and a civil liberties group, saying educators are not restricted in developing lesson plans and can teach in a way that is inclusive of all students.
“The 2010 curriculum contains no provision preventing teachers from addressing the topics of consent, use of proper names to describe body parts, gender identity and sexual orientation, online behaviour and cyberbullying, sexually transmitted disease or infections, in the elementary school classroom," the judges wrote in their ruling.
“The government’s explicit concession on this point in court makes this case a victory for ETFO and others. I have no doubt that such a concession would never have occurred without litigation,” he said. NDP Leader Andrea Horwath said it was shameful for the government to fight the legal challenge instead of focusing on providing a safe environment for all children in school and ensuring that students learn about issues such as gender identity and cyberbullying.
Meanwhile, the CCLA said the government was discriminating against same-sex parents and their children and violating their constitutional right to equality by erasing references in the curriculum to sexual orientation, gender identity and same-sex relations.
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