The applicants, including the Elementary Teachers' Federation of Ontario and the Canadian Civil Liberties Association, brought applications for judicial review challenging the Ontario government's decision to withdraw the 2015 sex education curriculum and replace it with the 2010 curriculum.
They argued the directive infringed teachers' freedom of expression under s. 2(b) of the Charter, and students' rights under ss. 7 and 15(1) of the Charter.
The Divisional Court granted the applicants public interest standing but dismissed the applications on the merits.
The court found no infringement of s. 2(b) because teachers remained free to address topics from the 2015 curriculum, and no infringement of ss. 7 or 15(1) because the 2010 curriculum did not inherently deprive students of security of the person or substantively discriminate against protected groups.
