Court Victory for Teacher Accused of Transphobia Could Help Similar Cases, Lawyers Say

Published on November 30, 2023

An Ontario Superior Court judge recently ruled in favour of retired teacher Carolyn Burjoski, who sued a Waterloo school board for defamation after its chair called her “transphobic.” The victory could influence other cases, lawyers say, as similar experiences proliferate at school board and city council meetings across the country. At a Waterloo Region District School Board (WRDSB) meeting last year, then-chair Scott Piatkowski cut off Ms. Burjoski’s delegation, saying it violated the Human Rights Code. Ms. Burjoski was discussing books available to schoolchildren that she felt made gender change seem “cool” and easier than it is in reality. Justice James Ramsay said in a Nov. 23 decision that Ms. Burjoski can go ahead with her defamation suit, which the board had tried to block. Justice Ramsay made strong comments in favour of Ms. Burjoski’s case. He said the Human Rights Code “does not prohibit public discussion of anything” and that Mr. Piatkowski’s characterization of her comments as transphobic and hateful was, in his opinion, defamatory....