An Ontario teacher who has won the right to move forward with her defamation lawsuit against the Waterloo Region District School Board (WRDSB) over a presentation on gender issues says it’s the first step toward clearing her name.
Ms. Burjoski thanked those who supported her in the legal battle.
“This is our victory,“ she said in the video. ”Let’s keep the momentum going.”
About three minutes after she started the presentation, then-board chair Scott Piatkowski said her comments were in violation of Ontario’s Human Rights Code (OHRC), the court documents stated. He said that her presentation violated the “Code’s prohibition against discrimination on the grounds of gender expression and gender identity,” and he would not let her proceed.
In response, she filed a defamation lawsuit against Mr. Piatkowski and the school board. The board countered her lawsuit by asking the court to throw out the case.
Ms. Burjoski called the board’s reason for wanting her defamation case tossed out “ironic.”
“In September, while the defamation lawsuit was in progress, the board filed an anti-SLAPP motion asking the court to dismiss my lawsuit,” she said. “Ironically, the board claimed that I was trying to suppress their free speech.”
Ms. Burjoski noted that in the written decision, 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 the video.
“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.”
“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.
‘Deliver My Presentation In Full’
Ms. Burjoski has also filed another lawsuit against the school board, requesting the courts allow her to complete her presentation to trustees.“The Board and its Chair violated my right to freedom of expression guaranteed by the Canadian Charter of Rights and Freedoms,” she said on her website, cancelledteacher.com. “I am also asking the court to order the Board to allow me to return to the trustee’s meeting where I hope to deliver my presentation in full.”
She noted that she was originally given 10 minutes for her presentation, but was cut off after four minutes.
She said her case was heard in June and she is still waiting for the decision.
Following her presentation, Ms. Burjoski was expelled from her classroom and a disciplinary investigation was launched about her comments. She had been a teacher for more than 20 years and has since decided to retire.
The Epoch Times contacted WRDSB and Mr. Piatkowski for comment but did not hear back by publication time.
