Ontario Catholic Student Can Appeal School Suspension for His Gender Ideology Protest, Court Rules

Josh Alexander, a Grade 11 student at St. Joseph's High School in Renfew, Ont. (Yan Parisien)

Josh Alexander, a 17-year old Catholic high school student from Ontario, can now force the school board to hear appeals of his suspensions from school, after a judge ruled the young man has standing to bring his own case against St. Joseph’s Catholic High School and the Renfrew County Catholic District School Board.

The Ontario Superior Court of Justice on Aug. 31 ruled that Mr. Alexander had withdrawn from parental control as of Dec. 22, 2022, which clears the way for him to appeal the multiple suspensions and an exclusion order levied against him for expressing his Christian beliefs, specifically protesting against males who declare themselves as female or transgender being permitted to use the girls’ washroom.

In the Aug. 31 court decision sent to The Epoch Times by Mr. Alexander’s lawyers, Justice J. Hooper said that while Mr. Alexander’s parents supported his decision to appeal his school suspensions, they chose not to advance the appeals on his behalf. However, the school board tried to block Mr. Alexander from appealing on his own behalf, forcing the student to go to court to be declared independent from parental control, his lawyer James Kitchen told The Epoch Times on Sept. 3.

According to an application filed by Mr. Alexander, on Jan. 11, counsel for the school board wrote to Mr. Kitchen taking the position that Josh’s suspension appeal was not valid because he had not demonstrated he had withdrawn from parental control and therefore lacked standing to bring such an appeal.

“With his independent choice to hire legal counsel on December 22, 2022, Josh’s full withdrawal from parental control crystalized. Following December 22, Josh has made all decisions regarding his education for himself, free of any parental control,” said the application.

“Josh exercises complete control over his religious participation, employment, finances, health, travel, social activism, public statements, media appearances, and instructing counsel.”

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(Background: Screenshot/Google Maps; Left: Courtesy of Josh Alexander)

Justice Hooper agreed. In ruling Mr. Alexander would be granted independent status, the judge said that contrary to what the school board had argued, “Once Josh withdraws from parental control, there is no requirement for his parents to stop financially supporting him or to stop helping him make significant decisions. Parents support their independent adult children all the time.”

“I do not believe a court has the right to overrule the manner in which a family decides to structure itself, just because it is outside the norm,” wrote the judge.

Mr. Alexander will be receiving costs from the school board as a result of the successful ruling.

Removed From School

The student has been unable to attend his high school since February on the grounds that his presence is “detrimental to the physical or mental well-being” of other students, particularly transgender students.

The school board did not return requests for comment by press time, but Mr. Alexander was initially suspended after organizing a protest against the school for allowing biological males to use the girls’ bathroom.

Mr. Alexander was first disciplined with suspension in December 2022, according to Mr. Kitchen. He was then suspended from school in January 2023, appealed that decision, and was permanently suspended for the remainder of the school year in February.

“He never went back to school,” said Mr. Kitchen. All of the decisions were appealed, but the school board refused to hear the appeals, stating the student had no standing. Some eight months after appealing, the school board will now have to form a panel of three and confirm the suspensions or overrule them.

Mr. Alexander was told in a Jan. 26 letter from Renfrew County Catholic District School Board that he was not welcome in school because he would not refer to students by pronouns or names inconsistent with their biological sex; that he would not stop freely expressing his belief that there are only two genders; and that he would continue to express his belief that males “must not be permitted to enter girls’ private spaces as a matter of morality, modesty, and safety.”

“While all our students are entitled—and encouraged—to share their beliefs—it cannot be at the expense of others. No one should be made to feel unsafe or marginalized. Bullying behaviour that creates an unsafe space for our students is not tolerated,” the board said in its letter.

Appeal to Proceed

At one point, the student was arrested for trespassing after trying to attend school, after the school kicked him out for the remainder of the school year.

“Mr. Alexander’s appeal now has to be heard, so the Catholic school board has to either confirm blatant religious discrimination against his beliefs, the same beliefs the Catholic board is supposed to hold, or overturn all the suspensions and discipline actions,” said Mr. Kitchen.

“The school board didn’t try to balance rights, prioritizing trans rights over religious rights for political purposes,” adds Mr. Kitchen. “It’s uncertain whether the school will enrol him or not. School starts in two days.”

The court has now told the board Mr. Alexander is an adult, and as such, can instruct his counsel, forcing the board to deal with Mr. Kitchen instead of Mr. Alexander’s parents. Liberty Coalition Canada is supporting Mr. Alexander in his legal efforts.

His lawyer said the next step will be to move forward to the appeals, the school board will have to form a committee of three and hold a hearing.

Mr. Kitchen said his client is committed to standing up for his beliefs. “He’s not going to back down. It’s not in his nature.”

The suspension from school meant Mr. Alexander did not receive his diploma during the 2022–23 school year. “It’s obviously a bit of a blow,” Mr. Alexander previously told The Epoch Times.

“I think it’s important that no matter the age, people stick to their values, represent them even in the face of controversy,” he said. “I think it’s been worth it. I wouldn’t change a thing.”

Tara MacIsaac contributed to this report.