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Group of schools part of court challenge against Alberta’s GSA bill

Apr 5, 2018 | 3:13 PM

RED DEER —  An area school is among a group of Alberta schools and parents to have filed a court challenge against the province’s bill to support gay-straight alliances (GSAs).

An application filed Thursday by the Calgary-based Justice Centre for Constitutional Freedoms (JCCF) asks that provisions of Bill 24 be struck down on the basis that they violate the rights of parents and schools protected under the Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights. The application also seeks an injunction staying the operation of the challenged provisions until the Court rules on their constitutionality.

In a media release, the JCCF says their main concern is “the requirement that prohibits principals and teachers from notifying parents about student organizations or activities.”

The group of applicants for the court challenge is made up of 26 faith-based schools across the province, including the Coaldale Canadian Reformed School Society.  

The applicants also include more than ten individual parents who the JCCF says are concerned about Bill 24’s provisions that prevent parental knowledge about their children in GSA-related activities.

“The right of parents to be involved in protecting and supporting their children is an integral value protected by the Charter, Alberta’s Bill of Rights, and the Universal Declaration of Human Rights,” JCCF president John Carpay said in the media release. “Bill 24’s broad prohibition on parental notification entirely disregards the importance of these legal rights which protect children.”

Gay-straight alliances (GSAs) are social clubs set up by students to help LGBTQ children feel welcome and to lessen any chance of bullying.

Education Minister David Eggen introduced new legislation in November 2017 to ensure students who join GSAs in school are not outed without their permission.

In response to the court challenge, Eggen sent the following statement to rdnewsNOW:

“Let me be crystal clear: Bill 24 is the law and it will be enforced. Our government is confident that the courts will uphold the right of every student to form a gay-straight alliance without fear of being outed.

“Schools that don’t follow the law will risk having their accreditation and funding stripped, period. Frankly, I’m disappointed to hear a close ally of Jason Kenney is trying to use the courts to overturn a law that protects gay kids. 

“Our government understands that in today’s Alberta it matters how we treat each other – especially the most vulnerable. It’s time for Jason Kenney to come clean: Does he stand with the vast majority of Albertans who support GSAs or with his close ally John Carpay who want to take us backwards?”