Alberta judge dismisses bid to place gay-straight alliance law on hold

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 Freedomswhichrepresentsa group of parents, two parental rights groups and26faith-based schools had requested atemporary injunction pending a review of thelaw's constitutionality.

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Gay-straight alliances are peer-support organizations meantto provide supportive environments and safe spaces forLGBTQstudents, and tackle issues like homophobic andtransphobicbullying.

The legal challenge was filed in April in response to the ban passed by Premier RachelNotley'sgovernment 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 thepotential to "out" themto guardians who may not be accepting.

The Justice Centre for ConstitutionalFreedoms hadarguedin the court in Medicine Hat last week that by keeping parents out of the loop on their children's activities, the billviolates theircharter rights, including freedom of religion and expression.

"I am satisfied that there is no serious constitutional issue to be tried.GSAsare 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 JusticeJohnnaKubikwrote in her decision, released Wednesday.

To win the injunction,Kubikwrote that the coalition needed to prove that there was a serious constitutional issue and that the law would have causedirreparableharm.

The group had saidthat GSAs are "ideological sexual clubs," where graphic information and materials aremade available to students. But Kubik refuted thatin her decision.

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"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 aGSA," Kubikwrote.

The coalition also argued that providing information about gender and sexuality is either "harmful in its own right" or can contradictthe religious or moral teachings of parents and schools.

Loss of GSAs would cause harm: judge

Kubik wrote there is no proof GSAscause harm, but there is evidence demonstratingthe groupsprovide a public good, including:

• Areduction 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 saidlegal wrangling has been confusing for kids who take part in GSAs and an appeal would only further thatconfusion.

"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.

"Anappeal 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.

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