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

PHOTO: Big Brothers Big Sisters cuts ribbon at Bamford House

New facility to help local youth with mentorship

Rimbey RCMP on scene of serious collision

A portion of Highway 53 west of Rimbey is down to one lane while crews investigate

Lacombe County Council highlights- Sept. 13. 2018

Lacombe County held a regular meeting of Council

New athletic league for Burman volleyball and basketball teams

University joins Prairie Athletic Conference

City of Lacombe announces new playgrounds

Essex Park & Michener subdivision will provide new spaces for play

WATCH: AHS breaks ground on new Lacombe Community Health Centre

17,000 sq. ft. facility will bring existing Lacombe AHS services together

Kim agrees to dismantle main nuke site if US takes steps too

Kim promised to accept international inspectors to monitor the closing of a key missile test site and launch pad and to visit Seoul soon.

Wetaskiwin RCMP looking for missing youth

Police say 12-year-old Treston Minde left his residence on his bike Sept. 17 and hasn’t returned home

North Carolina gov pleads with storm evacuees to be patient

The death toll rose to at least 37 in three states Tuesday, with 27 fatalities in North Carolina.

North and South Korea say they plan to bid for 2032 Olympics

Moon and Kim announced a sweeping set of agreements including a vow to work together to host the Summer Olympics in 2032.

Russia’s reinstatement after doping scandal goes to a vote

The World Anti-Doping Agency is due to vote Thursday Sept. 20, 2018, on possible reinstatement of Russia.

Ontario wins stay on ruling that struck down council-cutting plan

The province had argued the stay was necessary to eliminate uncertainty surrounding the Oct. 22 vote, and the Court of Appeal agreed.

B.C. cannabis producer Tilray hits at $20-billion high as stock price explodes

This is the first export of a cannabis product from a Canadian company to the U.S.

‘Sesame Street’ wants to clarify: Bert and Ernie aren’t gay

The characters are best friends and have many human traits but “remain puppets, and do not have a sexual orientation”

Most Read