In a significant victory for free speech, the Ontario Court of Appeal has ruled in favour of a former teacher, Carolyn Burjoski, allowing her to move forward with a defamation lawsuit against the Waterloo Regional District School Board and their former chair, Mr. Scott Piatkowski.

This case stems from a school board meeting in January of 2022, where Ms. Burjoski, a long-standing teacher, raised concerns about the age-appropriateness of certain library books discussing gender transition and sexual identity. Her presentation to the board, slated to be 10 minutes in length, included examples of books portraying the use of puberty blockers as “simple” or “cool,” was abruptly halted by Mr. Piatkowski who claimed her comments violated the Ontario Human Rights Code. Piatkowski later labeled her remarks “transphobic” in media interviews.

According to the Justice Centre for Constitutional Freedoms (JCCF), Ms. Burjoski then became the centre of an “international news story” where she was unfairly described as transphobic and discriminatory because of “Piatkowski and [the WRDSB’s] conduct and their false and malicious statements.” She requested a public apology, which was adamantly refused, prompting the initiation of this defamation lawsuit.

JCCF continued, stating, “after Ms. Burjoski filed her lawsuit, the Board and Mr. Piatkowski filed an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion”, in a further attempt to silence her.
In November of 2023, Ontario Superior Court Justice Ramsay rejected the anti-SLAPP motion to dismiss the case. Justice Ramsay found no evidence Burjoski violated human rights laws and deemed Piatkowski’s statements to be defamatory.

Mr. Piatkowski and the WRDSB requested an appeal which was heard in November of 2024.

The Ontario Court of Appeal also rejected the WRDSB’s attempt to dismiss the case using anti-SLAPP legislation. The court emphasized that Burjoski’s lawsuit focuses on correcting defamatory mischaracterizations, not stifling the board’s support for marginalized groups. “It is one thing to counter discriminatory speech; it is quite another to counter speech that was not expressed,” the decision stated, underscoring that Ms. Burjoski’s concerns about library content were not an attack on transgender rights. “In bringing her claim, the respondent was not preventing the Board from expressing views or enforcing policies aimed at addressing the disadvantage experienced by transgender persons. Rather, the respondent seeks redress for serious harm to her reputation that she alleges she has suffered as a result of comments made by the Board and the Board Chair, comments which she claims are untrue.”

In summary, the decision states “we find ourselves in agreement with [Justice Ramsey’s] ultimate conclusion that the respondent should be permitted to advance her claim.” The case will proceed, with a date yet to be determined.

Ms. Burjoski, backed by the JCCF (and Our Duty Canada), hailed the decision as a stand against the misuse of human rights codes to suppress legitimate concerns.

For clarity – Our Duty is an international peer support network for parents and children. They have been given intervener status in this case, allowing them to present legal arguments in support of ‘parents who wish to protect their children from gender ideology’.

This decision affirms the right to question educational policies without fear of censorship or slander, while also highlighting the broader fight for open discourse in education. It spotlights the means by which these agencies use Human Rights policies as an umbrella under which they are able to attack, silence or circumvent public opinion, specifically that which stands in opposition to their goals.

We should never allow any ‘public’ agencies to stifle the voices of concerned parents, regardless of which side their concerns fall on. The freedoms of speech and expression are to be applied without prejudice in Canada, and parents should always maintain the final say in both the upbringing and education of their children.

We stand with Ms. Burjoski in her efforts to stem the silencing and defamation of parents just looking to protect their children from inappropriate or politicized policies. Every voice has a right to be heard without fear.

To read the Ontario Court of Appeal decision, click here