Thread by @atypicalalbertn

Reading the decision of Court of Queen's Bench Justice JC Kubik which dismisses an application from @ParentChoiceAB, @JCCFCanada and a number of private schools for an injunction against #Bill24. #abed
Read it here: albertacourts.ca/docs/default-s…

"GSAs are voluntary student organizations. Children are not required to participate in them. The Act in no way restricts the right of parents or schools to continue to impart their religious and moral values to their children" #abed #Bill24 2/x

A quote from the SCC, contained in Kubik's decision: "When children encounter people with value different from their own, this does not violate freedom of religion as they are not being asked to abandon their own convictions" #abed #Bill24 3/x

"In this case, it is clear, that the Charter rights of parents come into direct conflict with the Charter rights of children, and in particular, those rights to free expression, association, life, liberty, security and equality." #abed #Bill24 4/x

"(The applicants) allege that GSAs are teaching a particular ideology with respect to sexuality and gender identity which is harmful to students, particularly young and emotionally vulnerable students." #abed #Bill24 5/x

"There is no evidence that any of (the materials alleged by Theresa Ng to be sexually explicit) were ever promoted by the respondent or GSAs generally, or that the materials ever came into the hands of any students through a GSA" #abed #Bill24 6/x

"There is no evidence to support the contention that GSAs encourage transitioning, the use of medication or surgical options, or provide medical treatment advice." #abed #Bill24 7/x

Anecdotal evidence alleging children were convinced at school to believe they were transgender is "largely hearsay." "I am unable to determine the reliability of these accounts." "I cannot form any reliable conclusion" that the events occurred in a GSA. #abed #Bill24 8/x

On the expert testimonial of an Atlanta endocrinologist: "Dr van Meter acknowledged the exact harm to LGBTQ+ students that the limitations on notification contained in the School Act were designed to prevent." "I reject his opinion that GSAs cause harm." #abed #Bill24 9/x

"Evidence was tendered by both the Calgary Sexual Health Centre and the respondent as to benefits of the legislation. That evidence is uncontroverted." #abed #Bill24 10/x

"the legislative changes have contributed to an increased number of GSAs in all areas of the province, increased student involvement in GSAs, and an increased ability to sustain GSAs." #abed #Bill24 11/x

Paraphrasing: The privacy protections in Bill 24 provide LGBTQ+ youth with a safe space, enhancing their ability to share information with their families, in their own time and on their own terms. #abed #Bill24 11/x

"I find that the applicants failed to prove a degree of irreparable harm, which outweighs the public good in maintaining the legislation" #abed #Bill24 12/x

The effect on LGBTQ+ students (loss of supportive GSAs and message of being less worthy of protection) would be "considerably more harmful" than temporary limiting a parents right to know about child's involvement in a GSA. #abed #Bill24 13/x

The applicant schools state that compliance with the School Act is against their religious beliefs, including beliefs that marriage is between one man and one woman and that all sexual orientations are not equal. #abed #Bill24 14/x

The justice quotes the very recent BC law society v TWU SCC case: "minor limits on religious freedom are often an unavoidable reality of a decision-maker's pursuit of its statutory mandate in a multicultural and democratic society" #abed #Bill24 15/x

The SCC also states: "Being required by someone else's religious beliefs to behave contrary to one's sexual identity is degrading and disrespectful. Being required to do so offends the public perception that freedom of religion includes freedom from religion" #abed #Bill24 16/x

Bill 24 does not "require schools to forsake their religious principles or teachings; it merely requires them to evidence their compliance with common public interest values..." #abed #Bill24 16/x

"The public interest in promoting basic equality for staff and students of institutions supported by public funding would not be served by staying (Bill 24)." #abed #Bill24 17/x

"The applications for injunctive relief are dismissed."
"Costs follow the event and are hereby awarded to the respondent."
#abed #Bill24 18/18

@MadalinSheridan @threadreaderapp unroll