A big crowd showed up Wednesday morning for the first court challenge to an Alberta law barring schools from telling parents if their children join a gay-straight alliance. A Court of Queen's Bench justice in Medicine Hat is hearing an application from faith-based schools and parents to halt the legislation until there's a ruling on its constitutionality. The 50-seat courtroom filled up almost immediately, leaving more than 100 people waiting outside. Many of those attending were wearing buttons that said "include parents." Parents out of the loop, advocate says Leading the challenge is the Justice Centre for Constitutional Freedoms, which argues that keeping parents out of the loop violates charter rights including freedom of religion and expression. The group calls gay-straight alliances "ideological sexual clubs" that make graphic information on gay sex available. The Alberta government and others have argued that schools shouldn't inform parents if their children join the peer groups because there is the potential to "out" them to guardians who may not be accepting. I'm more worried about the rhetoric and the damage it does to LGBTQ youth when they have to hear these kinds of ridiculous, outdated stereotypes. - Kristopher Wells, University of Alberta The hearing began with the Calgary Sexual Health Centre being granted intervener status after it argued members of the LGBTQ community are often excluded from such cases and the centre's goal is to "give voice to this often voiceless group of students." The hearing is being closely watched by LGBTQ advocates. Kristopher Wells, an assistant professor in the University of Alberta's faculty of education, said he's troubled that some of the same arguments being made Wednesday are the same as those that were heard when same-sex marriage was legalized. Wells said the possibility of the challenge being successful is not his primary concern. "I'm more worried about the rhetoric and the damage it does to LGBTQ youth when they have to hear these kinds of ridiculous, outdated stereotypes." Education Minister David Eggen speaks with youth after the passing of Alberta's controversial gay-straight alliance bill in November 2017. (Jason Franson/The Canadian Press) The legal challenge was filed in April in response to the ban passed by Premier Rachel Notley's government late last year. Gay-straight alliances are peer support networks organized by students meant to help gay kids feel welcome and to prevent bullying or abuse. 'Climate of secrecy' The challenge says parents are alarmed at the "climate of secrecy" the legislation has created. "The impugned sections of the School Act have stripped parents of the ability to know fully where their children are, who they are involved with and what they may be encouraged to think or do," it says. Two of the parents who signed the complaint say their autistic teenage daughter joined a gay-straight alliance and was convinced to dress and act like a boy at school. The challenge says the girl became suicidal before her parents learned of "confusing influences" at school. Justice Centre president John Carpay said teachers and principals should be able to decide whether it's appropriate to contact parents. "There are a handful of parents who will beat their kids for coming home with a bad report card," he said. "Do you respond by withholding all report cards from all parents and keeping all parents in the dark about their child's progress in math and reading and science?" Read more articles from CBC Calgary and like us on Facebook for updates.<doc-sep>Send this page to someone via email A judge has denied a request to put Alberta’s gay-straight alliance law on hold because the benefits to LGBTQ youth outweigh any potential harm. The Justice Centre for Constitutional Freedoms, on behalf of more than two dozen faith-based schools, parents and public interest groups, had requested an injunction until a ruling is made on the law’s constitutionality. The law bans schools from telling parents if their children join the peer groups meant to make LGBTQ kids feel welcome and to prevent bullying and abuse. “The effect on LGBTQ+ students in granting an injunction, which would result in both the loss of supportive GSAs in their schools and send the message that their diverse identities are less worthy of protection, would be considerably more harmful than temporarily limiting a parent’s right to know and make decisions about their child’s involvement in a GSA,” Court of Queen’s Bench Justice Johnna Kubik said in her decision Wednesday. Story continues below advertisement READ MORE: Alberta passes contentious Bill 24, strengthening gay-straight alliances The Justice Centre, which argued that keeping parents out of the loop violates their charter rights, had characterized the alliances as “ideological sexual clubs” that could expose young or otherwise vulnerable kids to explicit material. It also raised concerns that schools’ funding and accreditation could be jeopardized if they don’t comply. The province and others have argued the law is meant to protect LGBTQ youth, who may be put in harm’s way if they are outed to parents who aren’t accepting. Both sides made their case before Kubik in a court in Medicine Hat, Alta., last week. In her decision, Kubik said the applicants had to establish that there was a serious constitutional issue to be tried, that complying with the law would cause irreparable harm and that refusing their request would cause them more harm than granting it would cause to the other side. READ MORE: Alberta passes contentious Bill 24, strengthening gay-straight alliances Kubik said she was satisfied the competing charter rights of parents and children is a serious constitutional issue to be heard. But she dismissed many of the Justice Centre’s arguments around irreparable harm, including that young and vulnerable children may be exposed to graphic material through the alliances. Story continues below advertisement “There is no evidence that any of these materials were ever promoted by the respondent or GSAs generally, or that the materials ever came into the hands of any students through a GSA,” Kubik wrote. “There is no evidence that there is a risk of the material being disseminated to students in GSAs.” Tweet This Click to share quote on Twitter: "There is no evidence that there is a risk of the material being disseminated to students in GSAs." She also said she could not determine the reliability of accounts cited by the Justice Centre of children becoming suicidal after being encouraged to dress and behave like the opposite sex at school. “I find that the applicants have failed to prove a degree of irreparable harm, which outweighs the public good in maintaining the legislation.” Pam Krause, president of the Centre for Sexuality, said she was pleased with how strongly Kubik highlighted the importance of the alliances. Story continues below advertisement Krause’s group, formerly known as the Calgary Sexual Health Centre, has long provided resources to gay-straight alliances in Alberta and presented evidence in court. She said the group intends to have a say in any constitutional challenge. “We’re going to get the opportunity to really continue to talk about and provide evidence to the point that gay-straight alliances are very important, that they help schools to be more safe and caring and that they help students be more healthy and resilient.” READ MORE: ‘Climate of secrecy:’ Schools, parents dispute Alberta gay-straight alliance law Alberta’s education minister said he was extremely pleased with the judge’s decision and how quickly it was made. “This is about protecting students and ensuring our classrooms are safe, caring and welcoming for everyone,” David Eggen said. “We know that GSAs have the potential to save lives and have a positive impact on students. Tweet This Click to share quote on Twitter: "We know that GSAs have the potential to save lives and have a positive impact on students. “I’m so proud of the work our government has done to strengthen supports for LGBTQ students and I appreciate the great work that many school authorities have already undertaken to ensure their policies and practices are meeting legislated responsibilities. “We will continue to do whatever it takes to ensure our classrooms are safe and kids are protected.” Story continues below advertisement Court of Queen’s Bench of Alberta- decision on request for injunction re: Bill 10 by Anonymous mhXtDcYr6 on Scribd<doc-sep>Article content An Alberta Court of Queen’s Bench judge has dismissed an application for an injunction blocking Alberta’s law banning schools from telling parents when their children join a gay-straight alliance The Justice Centre for Constitutional Freedoms was seeking the injunction on behalf of dozens of faith-based schools, parents and public interest groups. We apologize, but this video has failed to load. tap here to see other videos from our team. Try refreshing your browser, or Court blocks bid to halt Alberta gay-straight alliance law Back to video “The public interest in promoting basic equality for staff and students of institutions supported by public funding would not be served by staying the provisions,” Justice Johanna Kubik wrote in her ruling. The court in Medicine Hat heard arguments last week on whether the legislation should be put on hold until there is a ruling on its constitutionality. “The legislation is deeply flawed and it fails to protect children,” Justice Centre lawyer Jay Cameron told court. The Justice Centre argued that keeping parents out of the loop violated charter rights including freedom of religion and expression. It calls gay-straight alliances “ideological sexual clubs” that make graphic information on gay sex available.<doc-sep>Alberta's law banning schools from telling parents when their children join a gay-straight alliance faces its first legal challenge. A Court of Queen's Bench judge in Medicine Hat, Alta., is to hear arguments Wednesday filed on behalf of 25 faith-based schools and others to put the law on hold pending a constitutional challenge. Education Minister David Eggen said he wants the issue cleared up as soon as possible, because legal wrangling leads to confusion and concern on the part of students. "Uncertainty created by a court case like this ... seeks to counter a lot of the progress that we've made to create safe and caring environments for kids and I find that pretty disturbing," Eggen said in an interview. The lawsuit was filed in April in response to a law passed by Premier Rachel Notley's government late last year. Gay-straight alliances are peer support networks organized by students to help gay kids feel welcome and to prevent bullying or abuse. Parents kept out of loop Leading the legal challenge is the Justice Centre for Constitutional Freedoms. The group argues in court documents that keeping parents out of the loop violates multiple charter freedoms, including freedom of religion and expression. It also says gay-straight alliances are "ideological sexual clubs" where graphic information on gay sex is available. The group also says the law has "stripped parents of the ability to know fully where their children are, who they are involved with, and what they may be encouraged to think or do." Schools have until the end of June to file information to the government showing they are complying with the new legislation. The lawsuit asks the judge to put that order on hold pending the full airing of concerns over the law's constitutionality. The government, in its legal filings, says the applicants have misstated the role of the alliances and adds that charter freedoms have not been infringed. "[The applicants] speculate that GSAs are clubs aimed at providing children with sexually explicit material and at making children vulnerable to being preyed upon," says the government. Safe space "In fact, GSAs focus on creating a safe space where students can socialize, be themselves, make friends and help other students understand the importance of being respectful to LGBTQ people." The peer groups have been the subject of heated political debate for years. Notley's government made the change to the law last year after Opposition United Conservative Leader Jason Kenney said he believed parents, in cases where their children's safety was at risk, should be told when they join a gay-straight alliance. Kenney has never explained how teachers should be able to effectively judge when a child's safety is at risk. Advocates say children can tell their parents any time they want about being in a gay-straight alliance. They say even the possibility that parents could be told would keep kids from joining. The United Conservatives have a troubled relationship with GSAs. At the party's founding convention last month, rank-and-file members clashed with Kenney after they voted in favour of having the party endorse the principle that parents always be told when their children join the group — no matter the circumstance. Kenney said he wouldn't include that in the party platform, because it must reflect the needs and values of all Albertans.<doc-sep>
A judge has dismissed an injunction that sought to put a hold on an Alberta law blocking schools from informing parents if their children have joined a gay-straight alliance. The Justice Centre for Constitutional Freedoms — which represents a group of parents, two parental rights groups and 26 faith-based schools — had requested a temporary injunction pending a review of the law's constitutionality. ​Gay-straight alliances are peer-support organizations meant to provide supportive environments and safe spaces for LGBTQ students, and tackle issues like homophobic and transphobic bullying. The legal challenge was filed in April in response to the ban passed by Premier Rachel Notley's government late last year. Education Minister David Eggen called the decision a "win for justice and equality in the province of Alberta." "Let me be crystal clear — Bill 24 is the law, and it will be enforced," Eggen said. 'No serious constitutional issue' The Alberta government and others have argued that schools shouldn't inform parents if their children join the peer groups because there is the potential to "out" them to guardians who may not be accepting. The Justice Centre for Constitutional Freedoms had argued in the court in Medicine Hat last week that by keeping parents out of the loop on their children's activities, the bill violates their charter rights, including freedom of religion and expression. "I am satisfied that there is no serious constitutional issue to be tried. GSAs are voluntary student organizations … The act in no way restricts the right of parents or schools to continue to impart their religious and moral values to their children," Alberta Court of Queen's Bench Justice Johnna Kubik wrote in her decision, released Wednesday. To win the injunction, Kubik wrote that the coalition needed to prove that there was a serious constitutional issue and that the law would have caused irreparable harm. The group had said that GSAs are "ideological sexual clubs," where graphic information and materials are made available to students. But Kubik refuted that in her decision. "There is no evidence that any of these materials were ever promoted by the respondent or GSAs generally or that the materials ever came into the hands of any students through a GSA," Kubik wrote. The coalition also argued that providing information about gender and sexuality is either "harmful in its own right" or can contradict the religious or moral teachings of parents and schools. Loss of GSAs would cause harm: judge Kubik wrote there is no proof GSAs cause harm, but there is evidence demonstrating the groups provide a public good, including: A reduction in casual sex and drug use. Improved school performance. An increased sense of safety and enhanced psychological well-being among students who participate in GSAs. "The effect on LGBTQ+ students in granting an injunction, which would result in both the loss of supportive GSAs in their schools and send the message that their diverse identities are less worthy of protection, would be considerably more harmful than temporarily limiting a parent's right to know and make decisions about their child's involvement in a GSA," the judge wrote. The coalition said in a statement issued Wednesday afternoon that an appeal of the ruling is being considered. "Bill 24 legislates times and places within which it is illegal to inform parents about what their children are doing, and who has access to their children, and what materials their children are exposed to. The applicants claim that Bill 24 endangers kids and undermines parents' ability to support and protect their own children," the statement from the Justice Centre read. Eggen said legal wrangling has been confusing for kids who take part in GSAs and an appeal would only further that confusion. "The existence of this court case served to undermine a lot of the good work that we've done over the last two years to create safe and caring environments for kids in schools," he said. "An appeal would just keep stretching that out." Schools have until the end of June to notify the province that they have complied with the legislation, or risk remedial action or an investigation from Alberta Education.