Judicial Review Archives - Cancelled Teacher

Court of Appeal Deals Another Blow to Free Speech

admin-can — Thu, 09 May 2024 16:19:17 +0000

Court of Appeal Deals Another Blow to Free Speech

I’m coming to you today with some deeply troubling news that I believe every Canadian needs to hear. On March 28, 2024, the Ontario Court of Appeal dealt another blow to free speech in our country. They rejected my appeal against the Waterloo Region District School Board’s decision to terminate my presentation at a board meeting. They offered no explanation for their ruling. To add insult to injury, the court ordered me to pay an additional $2500 on top of the $5000 already awarded to the Board in November. This decision not only denies me the justice I sought but also sets a dangerous precedent that threatens a fundamental pillar of our already weakened democracy: the right to freely express our thoughts and opinions.

Background Story - Ejection from the Board Meeting

For those who may not remember, in January 2022, I was removed from a School Board meeting for voicing my concerns about age-inappropriate and misleading sexual content in some elementary school books. Silencing me was a direct violation of my right to free expression and a disturbing display of authoritarian speech suppression by the School Board.

I Filed a Judicial Review.... and Lost

Determined to fight for my rights, I filed a Judicial Review, hoping that the Ontario Divisional Court would reverse the Board’s decision and allow me to complete my presentation. However, on November 29, 2023, the panel of justices ruled against me, dismissing my review and agreeing that the Board’s decision to halt my presentation was “reasonable.”

I Appealed the Court Decision...and Lost

Undeterred, in January 2024, I filed a Motion to Appeal the decision with the Ontario Court of Appeal. My lawyers, who are constitutional experts, were confident in our case due to the numerous errors in law made by the Divisional Court. These errors included the failure to properly weigh the infringement of my Charter right to free expression against Chair Piatkowski’s accusation that I had violated the Human Rights Code. The Board’s lawyers argued that my presentation was off-topic, a claim never made by Chair Piatkowski during or after the board meeting. Sadly, the Board now regularly uses the vague accusation of being “off-topic” as a convenient tool to suppress viewpoints it disagrees with.

The Battle is Not Over - Defamation Lawsuit Ongoing

I want to express my heartfelt gratitude to the Justice Centre for Constitutional Freedoms, who sponsored the Judicial Review and supported me throughout this ordeal. While we have lost this battle at the Ontario Court of Appeal, our fight is far from over. The outcome of this case highlights the critical importance of winning my ongoing civil defamation lawsuit. The actions and comments made by the Board and its former Chair following my expulsion have not only damaged my reputation and health it has also represented a broader threat to free speech. We must not be intimidated to voice our opinions. Winning this lawsuit is now more crucial than ever to set a precedent that protects freedom of expression for all Canadians.

I Still Need Your Support

If you believe in defending free speech, please consider donating to my Legal Fund using the links at my website, cancelledteacher.com. Together, we can ensure that no Canadian is defamed for speaking their truth. Thank you for your unwavering support in our shared commitment to defending free speech.

Motion to Appeal - Court Documents

FACTUM OF THE MOVING PARTY, CAROLYN BURJOSKI

FACTUM OF THE RESPONDING PARTY, WATERLOO REGION DISTRICT SCHOOL BOARD

REPLY FACTUM OF THE MOVING PARTY, CAROLYN BURJOSKI

COURT OF APPEAL FOR ONTARIO – DISPOSITION OF COURT HEARING

The post Court of Appeal Deals Another Blow to Free Speech appeared first on Cancelled Teacher.

Taking My Case to the Court of Appeal to Defend Free Expression

admin-can — Thu, 14 Dec 2023 13:20:17 +0000

How it All Started

In January 2022, a seemingly ordinary meeting of the Waterloo Region District School Board became the starting point of a crucial battle for freedom of expression in Canada. I found myself at the center of this conflict when I was silenced and removed for sharing my concerns about the age-appropriateness of sexual content in children’s books in our elementary schools. The Chair accused me of violating the Human Rights Code – an allegation I strongly dispute.

Judicial Review and a Disappointing Outcome

Seeking justice, I filed a Judicial Review with the Ontario Divisional Court, hoping to overturn the Board’s decision and allow me to return to complete my presentation. However, on November 29, 2023, the court ruled against me, siding with the Board and declaring their decision “reasonable”. This ruling not only shocked me but also signaled a worrying trend for the state of free expression in public forums in Canada.

The Appeal: Standing Up for Free Expression

Undeterred by this setback, I have filed a Notice of Motion for Leave to Appeal with the Ontario Court of Appeal (see below). This legal action isn’t just about a disagreement at a school board meeting; it’s a stand for the integrity of open dialogue on critical issues in our education system and other public spaces. Our democracy is strengthened by diverse opinions and the freedom to express them, and our judicial system must protect these rights against administrative overreach that suppresses speech.

The Bigger Picture: Why This Matters

The implications of this case extend far beyond my personal experience. They touch upon the very essence of our democratic society and how we handle free expression, especially in educational settings. If left unchallenged, the court’s decision could set a dangerous precedent, allowing school boards and other public bodies to silence any dissenting voice.

Support and Solidarity

As I navigate this challenging legal landscape, I am deeply grateful for the pro bono support from the Justice Centre for Constitutional Freedoms. However, my separate Defamation Lawsuit is a journey I am funding myself. I invite you to support me in that fight by contributing to to my GoFundMe campaign.

Looking Ahead

This journey is about more than one person; it’s about upholding the values that define and enrich our Canadian democracy. Thank you for standing alongside me in this fight for free expression. Please be sure to join my email list (below) for regular updates.

Together, we can make a difference in preserving the rights that are the cornerstone of our society.

Notice of Motion for Leave to Appeal

Divisional Court Decision

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Update on the Judicial Review from JCCF Lawyer Jorge Pineda

admin-can — Mon, 20 Mar 2023 01:06:17 +0000

Judicial Review Happening Soon!

My lawyer Jorge Pineda from the Justice Centre for Constitutional Freedoms (JCCF) has provided this video update on the Judicial Review which is scheduled to be heard in June. The Judicial Review will examine the legality of the Board’s decision to halt my presentation and eject me from the trustee’s meeting. Winning this case will set a legal precedent that I hope will influence school boards across the country to allow community members to speak freely. My goal is to return to the WRDSB to complete my entire presentation. I am so grateful to JCCF for sponsoring my case pro bono

Preparing for Examination for Discovery

I am also preparing for the Examination for Discovery stage of my Defamation Lawsuit, during which I will be questioned extensively by the Board’s lawyers. In preparation for those questions, I have been reviewing all the events related to my presentation last year, making notes and writing what happened in those first few weeks.

My reflections have reminded me how traumatic my experience was, and how grateful I am for all of you who have supported me emotionally and helped to fund my Defamation Lawsuit. My goal is to communicate the harm I experienced, which is so similar to the experiences of many other Canadians who have been cancelled, lost jobs or been publicly vilified simply for being honest and speaking out. We must continue to push back against this illiberalism and restore our democratic right to freedom of expression here in Canada.

Thank you for supporting this important case.

Sincerely,

Carolyn Burjoski

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One Year Anniversary Update on my Legal Actions Against the School Board

admin-can — Tue, 17 Jan 2023 01:31:06 +0000

Wow! What a year!

It was one year ago today that I attempted to raise my concerns about my local school board’s lack of transparency. My presentation was cut short and I was removed from the trustees meeting. The rest is history.

Awareness in Growing

Over the past year, more and more people are realizing that our public school systems are in real trouble. Imposition of radical ideologies, lack of transparency in decision making and persecution of dissenting voices are rampant. Many school boards are averse to openness, honesty and transparency.

Good People are Responding

Thankfully, many good citizens are organizing to address these problems. I am so encouraged by the quality of the people I have met this past year. These good people have been gathering together to discuss these issues and to formulate strategies to improve our schools. They ran for trustees in the municipal elections, started websites and podcasts. Together we are working to recover our democratic right to engage in important conversations.

My Legal Actions Against the Board

As you know, I have launched two legal actions against the Board. Through them, I hope to set precedents that will dissuade school boards from intimidating and silencing diverse thinkers, so that parents and teachers can feel safe to confront their local school boards as their consciences dictate. Here is an update on both cases.

The Defamation Lawsuit

Filed in April 2022, the Defamation Lawsuit is now well in progress but still has a long way to go. I have submitted my Statement of Claim and the Board has submitted its Statement of Defense. Councils are now negotiating the start of the next major phase “Examination for Discovery”. This will likely take place in the Spring of 2023. More than 500 people have supported my GoFundMe campaign so far, raising more than 40% of the needed funds.

The Judicial Review

Filed in June 2022, the Judicial Review is sponsored pro bono by the JCCF and is scheduled to be heard by the court the week of June 5, 2023. Last week I received a copy of the school board’s Defense. In it they argue that suppressing my right to Freedom of Expression was justified, not based on what I actually said, but on their concern about what I might have said, based on their “unique perspective” of my “undertones”. This factum is now posted on my website where you can enjoy the entirety of the Board’s flimsy defense. My goal is to win this case and return to the WRDSB Board meeting to complete my presentation by court order.

Thank you for supporting me during the most tumultuous year of my life.

Sincerely,

Carolyn Burjoski

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My Second Legal Action Against WRDSB

admin-can — Mon, 20 Jun 2022 04:26:26 +0000

Judicial Review Announcement

I am excited to announce my second legal action against the WRDSB, which I explain this a new video. My lawyers from The Justice Centre for Constitutional Freedoms have filed a Judicial Review of the Board’s decision to stop me from speaking at the January Trustees meeting. The Judicial Review will focus on whether or not the decision to terminate my presentation was lawful. My lawyers will argue that the Board’s decision to silence me violated my Constitutional Right to Freedom of Expression under the Canadian Charter of Rights and Freedoms. If we win this case, it will set an important legal precedent; namely, that Canadians have the right to express their questions and concerns in public forums. This legal action will also ask the Court to order the Board to allow me to return to the Trustee’s meeting where I hope to deliver my original presentation in full. The Justice Centre provides their services pro bono so there is no cost to me to pursue the Judicial Review.

Defamation Lawsuit Update

My first legal action, the defamation lawsuit against the Board and Chairperson Scott Piatkowski is estimated to cost upwards of $100,000. I am pleased that my GoFundMe campaign has already reached 25% of that goal. The defamation suit will focus on statements made by Board officials on social media, radio and television in the aftermath of the January Trustees meeting. If I win this case, it will send a strong message to School Board officials that they will be held accountable for misrepresenting the remarks of critical thinkers.

The Defamation Suit is progressing slowly. Currently, the legal representatives for the WRDSB have notified my lawyer (Justin Heimpel from Sobara Law in Kitchener) that they intend to defend their decision to remove me from the meeting. We have not yet received the written defense from the school board. We are busy preparing our evidence for submission to the Court.

My Goal

The main goal of my legal actions is to assert the rights of parents and teachers to voice their questions and concerns without fear. Freedom of expression is the foundation of all other rights. Without the freedom to voice our ideas and concerns, no other rights are possible. Thank you for standing with me!.

Sincerely
Carolyn Burjoski

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