School Board Appeals Court Decision in Case Filed by Former Teacher Concerned Over Content in School Libraries

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. She said she is filing a $1.7 million lawsuit against WRDSB on May 4, 2022. (Screenshot via The Epoch Times)

An Ontario school board is appealing a court decision that gave the go-ahead to a defamation lawsuit against the board and its chair, filed by a former teacher who was accused of making “transphobic” comments during a presentation to the board over material available in school libraries.

Former teacher Carolyn Burjoski filed the lawsuit after a presentation she was giving to the Waterloo Regional District School Board (WRDSB) was cut short in January 2022. Then-chair Scott Piatkowski said she was violating the Human Rights Code by questioning the content of books available in school libraries.

During the presentation, Ms. Burjoski was discussing books available that she felt made it “seem simple or even cool to take puberty blockers and opposite sex hormones,” according to court documents.

Mr. Piatkowski previously said he stopped Ms. Burjoski’s presentation because he believed it was in violation of the Ontario Human Rights Code. In subsequent media interviews, he said Ms. Burjoski’s comments were “transphobic.”

In response, she filed a defamation lawsuit against Mr. Piatkowski and the board.

In September 2023, the school board filed a motion asking that the lawsuit be dismissed. In a Nov. 23 decision, Ontario Superior Court Justice James Ramsay ruled against the board, allowing Ms. Burjoski to move forward with her lawsuit.

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He said the Human Rights Code “does not prohibit public discussion of anything” and that Mr. Piatkowski’s characterization of her comments as transphobic and hateful was, in his opinion, defamatory.

Now the school board has applied to appeal Justice Ramsay’s decision and have the defamation case thrown out. In a video posted to her website CancelledTeacher.com, Ms. Burjoski said, “This battle is a crucial stand for the right of Canadians to speak out and challenge inappropriate content in education as we advocate for the well-being of our children.”

The issue is “much bigger than one person,” she said. “It’s a fight for every educator, parent, and citizen who believes in the right to voice concerns without fear of retribution. It’s about ensuring that our voices, especially when they seek to protect our children, are not shut down by those in power.”

The court dispute had been “emotionally and financially draining,” she said. “My legal fees to date have totalled over $90,000. The current appeal defence will cost another $25,000, and completing the defamation suit is projected to cost an additional $60,000,” Ms. Burjoski said in the video.

Despite the cost, she said she was committed to “fighting this to the finish.”

The Epoch Times reached out to WRDSB but did not hear back by publication time.

Judicial Review Declined

Along with a defamation lawsuit, Ms. Burjoski has also filed a court action to review the board’s decision to stop her presentation.

On Nov. 29, Ontario’s Divisional Court ruled against her in that case, saying the school board was within its rights to stop her presentation.

In the decision, the three-judge panel, which included R.A. Lococo, Elizabeth Stewart, and Heather Williams, said “it was reasonable” for Mr. Piatkowski to stop the presentation to keep order according to WRDSB bylaws.

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,” the judges wrote.

Ms. Burjoski has filed an appeal of that court decision.