Ontario's largest teachers union has filed a legal injunction so teachers can continue to use the province's now-repealed 2015 sex-ed curriculum.
Sam Hammond, president of The Elementary Teachers Union of Ontario, was joined by lawyer Howard Goldblatt of Goldblatt Partners LLP as he announced the legal action in Toronto Tuesday morning.
LIVE! #ETFO media conference to outline its next steps regarding the government’s repeal of the 2015 Health & Phys E https://t.co/v4Gazv8HkZ
— Elementary Educators (@ETFOeducators) September 4, 2018
The injunction also seeks to stop the operation of the so-called "snitch line", an online reporting tool for parents to report teachers who use the 2015 curriculum.
The union represents all public elementary school teachers in the province.
"As the school year begins today, our union has no other choice but to pursue this legal action to ensure that the safety of kids, families, and educators are not put at risk," said Hammond.
In a release from ETFO, the union said it believes the repeal of the 2015 Health and Physical Education Curriculum are in direct conflict with its members "professional obligations that are enshrined within the Education Act and the Standards of Practice of the Ontario College of Teachers."
It points out that repealing the curriculum and temporarily replacing it with one from 1998 will remove critical topics including sexting, consent, and LGBTQ rights.
"It has always been the case that teachers have been able to practice their professional judgement in expanding upon and tailoring the curriculum to meet the needs of their students and to meet the needs of a modern and diverse society," said Goldblatt.
The release also states the union considers the government's directive to "also [be] in conflict with the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms."
The Canadian Civil Liberties Association has filed a court action against the repeal.
The union has also sought to seek intervenor status in a legal action launched by the parents of a student. It is currently before an Ontario Human Rights Tribunal.
Goldblatt told reporters the sex-ed curriculum changes are a deflection from the real issues facing students and educators.
"Chronic underfunding caused by an outdated education funding formula, violence in schools, a lack of support for students with special needs and mental health issues, and schools that need extensive repairs; these are the real issues," he said.
Hammond suggested the changes only create confusion, especially since the government has not set up professional development for teachers.
"Let's just take a kindergarten class or a grade one class, and they're talking about families, moms and dads. One of the students puts their hands up and says 'I don't have a mom and dad. I have two moms.' What is that teacher supposed to do?" wondered Hammond.
The union reiterated its support for any teacher that uses parts of the 2015 curriculum in the classroom.