People hold signs outside of a courthouse in Medicine Hat, Alta. on Wednesday, June 20, 2018. THE CANADIAN PRESS/Lauren Krugel

Court blocks bid for injunction to halt Alberta gay-straight alliance law

Judge dismisses request to put Alberta gay-straight alliance law on hold

A judge who says the benefits to LGBTQ youth outweigh any potential harm has denied a request to put Alberta’s gay-straight alliance law on hold.

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.

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 unaccepting parents.

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.

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.

“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.”

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.”

Related: Surrey’s first rainbow crosswalk defaced 10 days after installation

Related: BCTF files human rights complaint against B.C. school trustee over LGBTQ comments

— By Lauren Krugel in Calgary

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Grand Forks to receive business recovery funds post-flood

The community will receive two Rural Dividends grants for a total of $655,000.

Road trip comes to end with split for Grand Forks Border Bruins

The team is coming off its longest road trip this season.

Forestry workers set to begin job action in Kootenays

Operations in Castlegar, Cranbrook, Galloway, Elko, Radium, Golden may see job action this week.

Grand Forks high school students remember

The school and the Legion joined for the annual Remembrance Day ceremony.

Letter: English town remembers Grand Forks on anniversary of Armistice

Phillip Morris writes from Shrewsbury, England.

Six students arrested, charged in sex assault probe at Toronto all-boys school

The school’s principal, Greg Reeves, described the video of the alleged sexual assault as ‘horrific’

Police looking into two more incidents at private Toronto all-boys’ school

Police and the school have said two of the prior incidents involved an alleged sexual assault

Bovine tuberculosis found in cow on southern B.C. farm

CFIA said the disease was found during slaughter and they are investigating

Air force getting more planes but has no one to fly them, auditor warns

The report follows several years of criticism over the Trudeau government’s decision not to launch an immediate competition to replace the CF-18s.

B.C.’s Esi Edugyan wins $100K Giller prize for Washington Black

Edugyan won her first Scotiabank Giller Prize in 2011 for Half-Blood Blues

Bolder action needed to reduce child poverty: Campaign 2000 report card

The report calls for the federal government to provide more funding to the provinces, territories and Indigenous communities to expand affordable, quality child care.

Judge bars US from enforcing Trump asylum ban

Protesters accused the migrants of being messy, ungrateful and a danger to Tijuana; complained about how the caravan forced its way into Mexico, calling it an “invasion.”

Ottawa Redblacks defensive back Jonathan Rose suspended for Grey Cup

Rose was flagged for unnecessary roughness and ejected for contacting an official with 37 seconds left in the first half following a sideline melee after a Tiger-Cats reception.

Mistrial declared in Dennis Oland’s retrial in father’s murder

The verdict from Oland’s 2015 murder trial was set aside on appeal in 2016 and a new trial ordered. Richard Oland, 69, was found dead in his Saint John office on July 7, 2011.

Most Read