March 1, 2019

A Decision in ETFO’s Court Challenge

Decision on ETFO’s court challenge of the repeal of the 2015 Health Curriculum
February 28, 2019
Today the Ontario Superior Court of Justice ruled on ETFO’s legal challenge of the withdrawal of the 2015 Health and Physical Education curriculum by the Ford government.
The court’s decision clearly states that educators can use their professional judgement and teach beyond the 1998 curriculum to ensure that all Ontario students learn in a school environment that:
  • is inclusive and accepting;
  • protects gender identity and gender expression; and
  • includes curriculum relevant to the health and safety of children in 2019.
The government’s explicit confirmation and concessions in court on the questions of professional judgement and an educator’s right to freedom of expression in the classroom makes this case a victory for ETFO and others.
In its ruling, the court also recognized that teachers have a constitutional right to freedom of expression in the classroom.
Today’s decision makes clear that teachers may use their professional judgement to continue to teach about consent, gender identity, cyber bullying and all of the materials contained in the 2015 Health and Physical Education curriculum. ETFO encourages members to do just that.
To learn more about today’s Superior Court decision, please follow these links:
Elementary Teachers’ Federation of Ontario
Fédération des enseignantes et des enseignants
de l’élémentaire de l’Ontario