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

Grey Cup was in Red Deer to support military families

Money raised will go towards the Military Family Resource Centre

City council responding to social and safety issues

Mayor Tara Veer releases statement on City’s ongoing social and safety challenges

Wolf Creek Schools raises Treaty 6 flag for first time

Chiefs, school officials took part in a ceremony that is aimed at acknowledging Treaty 6 land

On the run with Melissa Ray

Red Deer runner talks about her intense running experiences

Bradley Williams takes over as Westerner Park Interim CEO

CFR expected to go on as scheduled with no disruption

Off Nova Scotia, a bid to ‘unravel the mystery’ of great white sharks

The question: Is Nova Scotia the second mating site for Atlantic white sharks, something scientists say could be key to protecting the endangered species.

Canadian investigator says World Anti-Doping Agency got a bad deal from Russia

A Canadian lawyer says the World Anti-Doping Agency rushed into accepting a bad deal by reinstating the country’s drug-testing program.

Fashion Fridays: Rock some animal print

Kim XO, lets you in on the latest fall fashion trends on Fashion Fridays on the Black Press Media Network

New evacuations ordered because of Florence flooding

Emergency managers on Friday ordered about 500 people to flee homes along the Lynches River

Legal society poster seeks complainants against two cops on Downtown Eastside

Pivot Legal Society became aware of allegations made against the officers after a video circulated

Jury to deliberate in case of Calgary man accused of murdering woman

Curtis Healy could be convicted of first-degree murder, second-degree murder or manslaughter

Liberals want to know what Canadians think of legalized weed

The federal government will comb social media for Canadians’ pot-related behaviour

Ex-Trump lawyer Cohen boasts of aiding Mueller investigation

Cohen could provide information on whether Trump’s campaign co-ordinated with Russians

Most Read