The Ontario Courtroom of Enchantment has rejected the attraction of a retired trainer in a case towards the Waterloo Area District Faculty Board (WRDSB) over the termination of a presentation she was making at a board assembly.
Carolyn Burjoski, a former English as a second language trainer, was faraway from a WRDSB assembly in 2022 — the place she appeared as a delegation — for expressing considerations concerning the content material in some elementary college books.
Burjoski filed a judicial evaluate in April 2022, arguing that the board’s choice to terminate her presentation infringed upon her Constitution proper to free expression. The Divisional Courtroom dominated towards her in November 2023, and the Courtroom of Enchantment has now upheld that call, Burjoski mentioned in a information launch Thursday.
In dismissing the attraction, Burjoski has been ordered to pay $2,500 to the respondents. The board was beforehand awarded $5,000 by the courts in November.
“This ruling is a devastating blow not solely to my private battle for justice but in addition to the basic proper of free speech in Canada,” Burjoski mentioned within the launch.
“The court docket’s choice units a harmful precedent that might have far-reaching penalties for all Canadians who want to categorical dissenting opinions.”
In her lawsuit, Burjoski expressed her concern with the appropriateness of sure books in elementary college libraries. She gave two examples: A ebook that centred on an asexual character, and one a couple of transgender character.
The Waterloo Area District Faculty Board and former chair Scott Piatkowski have been named as defendants.
Burjoski’s assertion of declare mentioned she spoke out concerning the books as a result of she was frightened they “may put stress on youngsters to start out considering sexually earlier than they’re prepared to take action.”
Piatkowski stopped Burjoski’s delegation through the assembly as a result of he mentioned he had considerations that what she was saying violated the Ontario Human Rights Code. Different trustees upheld that call in a vote.
After the assembly, Burjoski alleged in her assertion of declare that Piatkowski gave “false and defamatory statements” to native media and on social media. She additionally alleged the varsity board made defamatory statements in a message despatched to employees and one other posted to the board’s web site after the assembly.
Burjoski has alleged she has confronted repercussions since that assembly, together with being suspended from work, and being banned from speaking with colleagues and college students. She additionally mentioned a proper grievance was launched that led to a disciplinary investigation.
‘Battle is way from over,’ Burjoski
In a YouTube video posted on Thursday, Burjoski expressed gratitude to the Justice Centre for Constitutional Freedoms for his or her assist along with her lawsuit.
“Whereas we now have misplaced this battle, our battle is way from over. I’m dedicated to defending free speech for all Canadians and can proceed to take action by means of my defamation lawsuit,” she mentioned.
“The result of this case highlights the important significance of successful my ongoing civil defamation lawsuit,” added Burjoski.
She mentioned actions and feedback made by the board and its former chair following her expulsion “haven’t solely broken my fame and well being, it has additionally represented a broader menace to free speech.”
Ontario Chronicle has reached out to the WRDSB for remark.
