Court hears 6-year-old child
traumatized by a teacher claiming
that girls are not real
The girl's family filed a complaint of discrimination on the basis of gender identity,
for teaching the child and her class that there are no girls or boys.
for teaching the child and her class that there are no girls or boys.
OTTAWA, March 5, 2020 (Centre for Justice for Constitutional Freedoms) - The Ontario Human Rights Tribunal has ordered that the case of a young girl ("NB") and her mother against the Ottawa-Carleton District School Board,thechild's former teacher and school principal, will conduct a full hearing. The Tribunal rejected an application for a summary hearing by the school board - an attempt to dismiss the case at an early stage of the proceedings. The school board argued in vain that the child's case had no reasonable chanceof success and should not be allowed to proceed.
The family filed a complaint of discrimination on the basis of gender identity, for teaching NB and its class that there are no girls or boys. NB strongly identifies with its biology as a girl. The Centre for Justice for Constitutional Freedoms (jccf.ca) filed an amended application on behalf of the family, including a complaint of gender discrimination, noting the child's rights to personal safety and equality under sections 7 and 15 (1) of the Canadian Charter of Rights and Freedoms was also violated.
The family filed a complaint of discrimination on the basis of gender identity, for teaching NB and its class that there are no girls or boys. NB strongly identifies with its biology as a girl. The Centre for Justice for Constitutional Freedoms (jccf.ca) filed an amended application on behalf of the family, including a complaint of gender discrimination, noting the child's rights to personal safety and equality under sections 7 and 15 (1) of the Canadian Charter of Rights and Freedoms was also violated.
In early 2018, NB was a 6-year-old student in a first-year class taught by "JB." The teacher showed the class a YouTube video entitled "Him",her and them?!? - Sex: Queer Kid Stuff 2" . The video contained a number of statements about gender identity and stated that "some people are not boys or girls" and that those who do not feel like an "she" or an "he" may not have gender. In order to determine who is a girl or a boy - or neither, says the video, all you have to do is ask someone for their pronouns.
On another occasion, the teacher drew a gender spectrum on the board and asked each student to identify where they were on the spectrum. NB indicated that it was at the farthest end of the "girl"spectrum. The teacher then told the class that "girls are not real and boys are not real".
It was extremely upsetting for the NB.
NB went home and told her parents, repeatedly asking her why her identity as a girl was "not real". She stated that she was not sure
she wanted to become a mother when she grew up and asked if she could "go to the doctor" about this problem.
NB also expressed the feeling that she "had to do something" about the fact that she is a girl.
This followed a teacher's lesson on the concepts of gender spectrum and gender change.
Neither the school nor the teacher obtained parental consent to teach this young child that her self-image asa girl was a
fiction. The parents allege that the teacher's conduct undermined the fundamental concept
of their daughter's identity and also contradicted biological reality.
On another occasion, the teacher drew a gender spectrum on the board and asked each student to identify where they were on the spectrum. NB indicated that it was at the farthest end of the "girl"spectrum. The teacher then told the class that "girls are not real and boys are not real".
It was extremely upsetting for the NB.
NB went home and told her parents, repeatedly asking her why her identity as a girl was "not real". She stated that she was not sure
she wanted to become a mother when she grew up and asked if she could "go to the doctor" about this problem.
NB also expressed the feeling that she "had to do something" about the fact that she is a girl.
This followed a teacher's lesson on the concepts of gender spectrum and gender change.
Neither the school nor the teacher obtained parental consent to teach this young child that her self-image asa girl was a
fiction. The parents allege that the teacher's conduct undermined the fundamental concept
of their daughter's identity and also contradicted biological reality.
Despite the family's concern, school officials refused to take action to correct the impact of these lessons on NB. Finally, the family chose to move her to another school, which made NB happy to no longer have a teacher who said that "girls are not real". Even after moving to the new school,
NB continued to be overwhelmed by her experience in the JB class, and was grappling with the concept that her own identity was not something real.
According to the application, her mother was worried enough
to seek advice from a psychologist on how to help her daughter.
Some theorists and gender activists now argue not only that "gender identity" is on a spectrum, but that sex is also on a spectrum, which means that there are no longer distinct categories of men and women. Among other things, the family asks the Tribunal to decide that the school board should stop "teaching gender theory in any way that suggests that the sexual categories of men and women do not exist, are fluid or exist on a spectrum."
In its application to dismiss the case at the summary hearing stage, the school board argued that classroom discussions on gender identity and gender expression cannot be the basis for a violation of the Human Rights Code. In its response, the Justice Center argued on behalf of the family that gender identity is a new, ill-defined and logically complicated concept. As a protected ground under the Code, it is important for the Tribunal to develop jurisprudence to understand the limits and manifestations of discrimination under that ground, particularly when it conflicts with protections that previously existed, namelythat of sex - particularly for women. and the girls.
"If everyone has a gender identity and gender identities are protected by the Code, then NB's gender identity as a girl should be protected," said Lisa Bildy,a lawyer at the Justice Center. "If the school board can accommodate the inclusion of trans people and other gender identities in the classroom, then it can surely accommodate the inclusion of childrenwho feel no disagreement between their biology and their sense of self."
NB continued to be overwhelmed by her experience in the JB class, and was grappling with the concept that her own identity was not something real.
According to the application, her mother was worried enough
to seek advice from a psychologist on how to help her daughter.
Some theorists and gender activists now argue not only that "gender identity" is on a spectrum, but that sex is also on a spectrum, which means that there are no longer distinct categories of men and women. Among other things, the family asks the Tribunal to decide that the school board should stop "teaching gender theory in any way that suggests that the sexual categories of men and women do not exist, are fluid or exist on a spectrum."
In its application to dismiss the case at the summary hearing stage, the school board argued that classroom discussions on gender identity and gender expression cannot be the basis for a violation of the Human Rights Code. In its response, the Justice Center argued on behalf of the family that gender identity is a new, ill-defined and logically complicated concept. As a protected ground under the Code, it is important for the Tribunal to develop jurisprudence to understand the limits and manifestations of discrimination under that ground, particularly when it conflicts with protections that previously existed, namelythat of sex - particularly for women. and the girls.
"If everyone has a gender identity and gender identities are protected by the Code, then NB's gender identity as a girl should be protected," said Lisa Bildy,a lawyer at the Justice Center. "If the school board can accommodate the inclusion of trans people and other gender identities in the classroom, then it can surely accommodate the inclusion of childrenwho feel no disagreement between their biology and their sense of self."