The Canadian Civil Liberties Association has launched a legal challenge to stop the province’s “discriminatory” sex-education rollback.

The application seeking an injunction was filed Thursday at the Ontario Superior Court of Justice by the rights group and Becky McFarlane, the queer parent of a 10-year-old girl going into Grade 6.

“(We) are doing everything legally possible to keep our classrooms free of censorship, discrimination, stigma, degradation,” said Michael Bryant, executive director and general counsel for the association.

“This directive is a discriminatory misuse of government power. A ham-fisted, dog whistle of bigotry, of homophobia, dressed up as a consultation fix.”

A day earlier, the province released a revised interim Health and Physical Education curriculum for Grades 1 to 8, based on material taught between 1998 and 2014. It replaces a curriculum introduced in 2015, which addressed issues such same-sex relationships, sexual orientation and gender identity.

Speaking outside the courthouse, Bryant said the government “ripped out all of the material in the sex-ed program, other than the heterosexual sex-ed content.”

“It’s as if Becky and her family don’t exist. It’s as if they are the others,” said Bryant.

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Their lawyer, Stuart Svonkin, says the province is violating the Canadian Charter of Rights and Freedoms that guarantees equality and security; the Ontario Human Rights Code that outlaws discrimination; and the Education Act that requires schools be an inclusive environment for students and families.

“We will be asking the court, on an urgent basis, to set this directive aside,” said Svonkin. Instead, they want the 2015 curriculum to stay in place until the end of public consultations and a new curriculum is created.

The government has yet to respond to the lawsuit. When asked about it, Kayla Iafelice, press secretary for Education Minister Lisa Thompson, said, “We are committed to delivering an education system that puts the rights of parents first.”

Many educators and health professionals support the 2015 curriculum, but some parents say it isn’t age-appropriate. The Progressive Conservatives vowed during the election to repeal it and hold province-wide public consultations with parents.

Those will begin in September and will include an online survey and telephone town halls. Input will be sought on creating an age-appropriate curriculum that addresses mental health, sex-ed and legalization of cannabis, and on other issues, such as financial literacy, improving job skills and boosting student performance in science, technology, engineering and math.

The interim curriculum — it’s largely based on lesson plans from 2010, but also includes material from 1998 — only affects elementary school students. High school students will continue to be taught the 2015 curriculum.

Educators say they are still confused about what can be taught. Robin Pilkey, chair of the Toronto District School Board, said staff is reviewing the curriculum to ensure students still learn about topics such as gender identity, sexual orientation, online safety and consent.

“Parents would have expected the province to have explained more clearly the differences between the two curriculums,” she said. “But based on the information released (Wednesday), we’re disappointed to see that it’s still very unclear.”

In recent weeks, unions representing teachers have told members to use their professional judgment. The Elementary Teachers’ Federation of Ontario, which represents 83,000 public grade-school teachers, has vowed to defend members who teach the 2015 curriculum, saying the government’s actions conflict with a teacher’s responsibility to ensure students’ safety and the protection of their human rights.

ETT President Joy Lachica speaks to parents, students, educators, and other concerned rally attendees about the importance of teaching consent, healthy relationships, anti-bullying, anti-cyber bullying, and all of the other sex-ed materials in the 2015 curriculum that foster safe and caring classrooms.

On Wednesday, Premier Doug Ford warned that educators not following the interim curriculum would face consequences. The government advised parents to report concerns on a website called Fortheparents.ca and with the Ontario College of Teachers.

That sparked intense backlash from critics, saying the government had created a “snitch line.”

On Thursday, at Queen’s Park, NDP Leader Andrea Horwath questioned the use of taxpayer dollars to run a “mean-spirited” snitch line.

“The funds available in Ontario public money should be invested in actually providing the quality education that our children need,” she told reporters. “It’s disappointing to see Mr. Ford continue on this path of kowtowing to his social conservative friends instead of making sure the safety of our children is the priority.”

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After the lawsuit, leader of the Green Party of Ontario Mike Schreiner said the list of litigants suing the province “just keep piling up.” In part, he was also referring to a challenge filed last week with the Human Rights Tribunal of Ontario on behalf of six families who say the sex-ed changes will harm trans and queer youth.

“The premier is running an employment agency for lawyers,” said Schreiner. “I don’t think the people of Ontario want their tax dollars wasted on lawyers. This is what happens when you put ideology over evidence.”

The Registered Nurses’ Association of Ontario, said Thursday that the 2015 curriculum reflects today’s realities.

“Children need to know the proper names for their body parts, and see themselves and their diverse families reflected in classroom teaching materials,” said Doris Grinspun, CEO of the association. “This is important for the prevention of abuse and bullying, for their mental and physical health, and for their sexuality and self esteem as they grow.”

She also said the RNAO is “alarmed by the surveillance approach of Premier Ford.”

“Inviting students and parents to tell on their teachers smacks of McCarthyism,” she said.

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