The elementary teachers union is asking the courts to stop the province from forcing educators to use an outdated sex-ed curriculum, and also to immediately shut down a controversial “snitch” line for parents — calling such measures an “abuse of power” by the Ford government.

In launching the legal challenge, the Elementary Teachers’ Federation of Ontario said Tuesday — the first day of school — that the government’s moves violate teachers’ charter rights, as well as their professional and ethical obligations.

“This is vital to ensure that educators and school boards continue to protect the safety and health of students,” said Sam Hammond, president of the 83,000-member union.

“We have been forced to take this action ... ETFO believes that the government’s actions are an abuse of power and are in direct conflict with teachers’ professional obligations, enshrined within the Education Act” as well as standards of practice required by the Ontario College of Teachers, he said.

“ETFO also believes that the actions of the government are also in conflict with the Human Rights Code, the Canadian Charter of Rights and Freedoms and the professional obligations of teachers.”

On Friday, the union also filed for intervener status on a Human Rights Tribunal case launched by parents of LGBTQ youth who want schools to continue teaching the 2015 sexual education curriculum instead of the one from 1998 that educators have been told to use.





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A spokesperson in Education Minister Lisa Thompson’s office said she was not available for an interview, and “as this matter is before the courts, it would be inappropriate to comment further.”

“We campaigned on a promise to give parents a voice when it comes to their child’s education, and our government is fulfilling this commitment,” said the spokesperson, referring to Premier Doug Ford’s pledge to repeal the 2015 sex-ed curriculum and hold consultations.

The government “is currently undergoing unprecedented parental consultation when it comes to school curriculum — including financial literacy, improving math scores, and developing an age-appropriate health and physical education curriculum — and we invite everyone to get involved.”

Hammond said the old curriculum “undermines the safety” of students and families because it does not deal with modern-day issues students face, and it is not inclusive as it does not discuss gender or same-sex families, among other things.

The complaint line for parents undermines the professionalism of teachers, he added. It can target “any teacher for any reason” and create a culture of fear, Hammond said, calling it “unprecedented and unnecessary.”

The Canadian Civil Liberties Association has also turned to the courts to direct the government to keep the new curriculum in place, and ETFO lawyer Howard Goldblatt said he expects the two will co-ordinate.

The civil liberties case is to be heard Sept. 24 before a panel of three judges in the Divisional Court.

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Though the Education Ministry has provided an “interim” curriculum — which in most cases refers teachers back to the 1998 lessons — some teachers have said they will teach the 2015 curriculum, which includes sexting, consent and same-sex families.

Teachers are now left to grapple with “a very difficult ethical situation,” with contradictory directives, said Prof. Lauren Bialystok of the Ontario Institute for Studies in Education at the University of Toronto.

She said Ontario has made “huge progress” in supporting inclusive education, including issues like anti-bullying, sexual identity, gender and consent — which benefits all students.

“This is not ideology,” she said. “This is about material changes in kids’ lives that necessitate changes in how we talk to them about their behaviour, their sexual ethics and identity” and using the 1998 curriculum puts kids in a dangerous position.

While the interim curriculum has “sprinkled in a few more mentions of cellphones,” it still turns back the clock at a time when many students are sexually active by Grade 9.

Hammond said the situation is confusing and has left teachers unsure of what they can and can’t talk about in their classrooms.

The interim curriculum no longer requires younger students to learn the proper names for genitalia — something police and other advocates had pushed for to help prevent child abuse.

While there is brief mention of the internet, there are no lessons on sexual consent, also considered key for youth, especially amid the #MeToo movement.

As for the parent reporting line, there are already a number of avenues to deal with issues, said NDP education critic Marit Stiles (Davenport), a former Toronto public school board trustee.

“How much time and energy and, frankly, expense, is going to be wasted where there are far more effective ways to address concerns?” she said of the “snitch” line.

Toronto mother Becky McFarlane, who is a co-applicant in the civil liberties challenge, said her 10-year-old daughter in Grade 6 is the only student in her school with parents who openly identify as queer.

That’s why the 2015 curriculum is so important, because in Grade 6 it introduces concepts of queerness and different family types, as well as the harmful effects of stereotypes, including homophobia and assumptions about gender roles, she said. For McFarlane, it’s important those issues be addressed.

“Growing up as a young queer kid was an incredibly painful and lonely experience,” says McFarlane, who works at The 519, a downtown community centre that provides services for the LGBTQ+ community. “I went to school in an environment where nobody talked about queer issues, where there was no validation of queer identity, and I struggled.”

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