Ontario Teacher Silenced for Questioning Gender Transition Books in Schools ‘Disappointed’ in Court Decision

Carolyn Burjoski, a former Waterloo Region District School Board teacher, was ejected from a school board meeting in January 2022 after raising questions about the age-appropriateness of some books in elementary school libraries that deal with gender transition. (Screenshot via The Epoch Times)

An Ontario teacher who was silenced at a school board meeting while questioning the content of school library books says she is disappointed and surprised that her request for a judicial review of the board’s action has been rejected.

Ontario’s Divisional Court recently made the decision not to proceed with a review of the Waterloo Region District School Board’s (WRDSB) action to stop Carolyn Burjoski’s presentation, saying the school board was within its rights and following its bylaws to protect minority voices.

The case is separate from a defamation lawsuit Ms. Burjoski has filed against the WRDSB, which was recently given the go-ahead by an Ontario Superior Court judge.

In a Nov. 29 decision on the judicial review, the three-judge panel, which included R.A. Lococo, Elizabeth Stewart, and Heather Williams, said that then-WRDSB chair Scott Piatkowski was right to stop the presentation as he had to keep order according to WRDSB bylaws.

“I’m obviously disappointed, but also surprised by this ruling,” Ms. Burjoski told The Epoch Times in an email. “My legal team is currently reviewing the decision. I will make a statement in the near future.”

In her presentation, Ms. Burjoski had questioned the content of some books that were available to students in the school library regarding gender transition, but Mr. Piatkowski stopped her talk saying she may be violating Ontario’s Human Rights Code.

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Ms. Burjoski had been expressing concern about books available in the school’s libraries that made it “seem simple or even cool to take puberty blockers and opposite sex hormones,” according to court documents.

Ms. Burjoski asked the courts for a judicial review of the decision to halt her presentation.

In the decision, the judges said that a “high degree of deference” must be given to school boards.

“The WRDSB trustees are accountable to their community and are well-versed in the goals of the education system and the boundaries of proper debate at meetings,” the court decision said. “School boards should be free to act as modern, democratic, dynamic legal personalities, provided only that there be some statutory foundation for, and no express statutory prohibition of, their conduct,” they wrote.

They added that the board did not assert that Ms. Burjoski had violated the Human Rights Code.

“The WRDSB made no finding that Burjoski breached the Human Rights Code. The Chair merely referenced that statute and expressed concerns that Burjoski’s comments were becoming problematic. It was reasonable for him to do so,” the judges said.

WRDSB announced the decision on its website in a Dec. 5 post, which said:

“The Divisional Court has dismissed Carolyn Burjoski’s application for judicial review of the Waterloo Region District School Board’s decision to halt her presentation at a January 2022 meeting. The Court found ‘no basis established upon which any finding of a reasonable apprehension of bias, or any actual bias, on the part of the WRDSB could be justified.’ We will continue to uphold the Board’s bylaws and policies and to act in accordance with the Board’s obligations under the Education Act.”

The court decision noted that Ms. Burjoski was free to voice her opinion on the content of books in other forums.

“The decision was ultimately about Burjoski’s choice of words, which were, in the opinion of the WRDSB, derogatory and contrary to its Bylaws,” said the court documents.

Ms. Burjoski was also ordered to pay $5,000 in costs to WRDSB.

Defamation Lawsuit

Along with the judicial review, Ms. Burjoski has filed a defamation lawsuit against the WRDSB and Mr. Piatkowski, which was recently given the go-ahead by an Ontario Superior Court judge.

The defamation case focuses on the alleged reputational damage done to Ms. Burjoski by comments Mr. Piatkowski made in relation to the presentation. It is not connected to the judicial review, which was asking the courts to quash the decision the school board made to stop the presentation. Ms. Burjoski was also asking the courts to allow her to finish her presentation to the board, which was originally scheduled for 10 minutes but was shut down at the four-minute mark.

In media interviews following Ms. Burjoski’s attempted presentation before the school board, Mr. Piatkowski said that her comments were “transphobic.” Ms. Burjoski noted that in the written decision for the Superior Court defamation case, the judge said she did not violate human rights legislation.

“Justice [James] Ramsey affirmed that I did not breach the Human Rights Code, nor did I engage in hate speech. He was highly critical of the board’s conduct, stating that their actions were defamatory and that my case has substantial merit,” she said in a video on Nov. 27.

“This victory is a resounding affirmation of free expression. In his written decision, Justice Ramsey said the Human Rights Code does not prohibit public discussion of anything.”

WRDSB issued a statement saying the Superior Court’s decision did not mean Ms. Burjoski’s case had merit.

“A motion under this section is not a determinative adjudication of the merits of the underlying claim; Ms. Burjoski’s claim has simply been permitted to continue,” the Nov. 27 statement reads.