Catholic student suspended for gender identity beliefs loses court case, board seeks reimbursement for legal fees

An Ontario teen who was suspended from his Catholic high school over his views on gender has had his request for a court review of the school’s decision dismissed.

Josh Alexander was in Grade 11 at St. Joseph’s Catholic High School in Renfrew, Ont., when he was suspended in 2022 for stating there are only two genders during a discussion in math class, as well as for organizing a student walkout protesting biological boys being allowed to use the girls’ washroom. He was also accused of bullying.

The school, which is part of the Renfrew County Catholic District School Board (RCCDSB), later changed the suspension to an “exclusion,” which has the same effect but is considered non-disciplinary. That decision extended into Alexander’s Grade 12 year.

He sought a judicial review of the school board’s actions.

The court decision was released on Nov. 21, after a hearing held on Nov. 13. Two of the three judges, Janet Leiper and Shaun O’Brien, decided to dismiss Alexander’s case, while the third judge, James Ramsay, wrote a dissenting opinion.

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“In doing so, it was not required to undertake a formalistic rights analysis, rather it was acceptable for the Committee to express itself in plain language. In doing so, the Committee reasonably explained why and where it was drawing limits on the applicant’s behaviour within the school setting,” Lieper said.

Ramsay wrote a dissenting opinion, saying he did not agree that Alexander’s behaviour before Dec. 22, 2022, could be considered bullying because there was no power imbalance between him and other students.

“The applicant was in a similar position to the transgendered students. He was invited to give his views in math class, and when he did he was called a transphobe, a homophobe and so on. The applicant was subject to what the Ontario Human Right Commission calls ‘faithism’ at school,” he said in the court decision.

Ramsay also said the school board committee had a statutory duty to consider progressive discipline before expelling Alexander.

“I would also have set aside the Committee’s finding of bias as unreasonable. It was beyond question on the evidence that the applicant’s views were the product of sincerely held beliefs in a recognized religion. I would have quashed the suspension,” Ramsay said.

Leiper responded to Ramsay’s comments, saying that neither side had brought up the issue of progressive discipline.

“In response to my colleague’s concern that the school did not implement progressive discipline, I note that this submission was not raised before the Committee and neither party advocated for a lesser penalty,” she wrote.

She also said that the school board offered other arrangements for Alexander’s education, but said that he failed to respond to the offers.

Alexander’s lawyer, James Kitchen, said he was happy to have Ramsay’s dissenting opinion about the case.

“It’s very brief, but he makes a number of findings that really sort of exposes the school board’s initial actions, and their initial suspension is just out to lunch,” he said.

The Epoch Times contacted the school board for comment but did not hear back by publication time.

Kitchen said he and Alexander were looking at what further actions could be taken in the case.

‘This will leave Josh bankrupt at 18 years old,” the page says.

Kitchen said he was surprised the school board planned to pursue legal costs.

“I have other cases where the other side has the presence of mind to not go after it,” he said.

Kitchen said the exact amount the board is seeking from Alexander has yet to be decided. The court is expected to make a decision in the coming months.

Alexander has also applied to the Ontario Human Rights Tribunal alleging discrimination on grounds of “creed,” by the school board, the principal, and two teachers.