Ontario Court Reviews Case of Catholic Student Suspension Due to Gender Beliefs

Ontario’s Divisional Court is currently reviewing the case of a teenager who was suspended from his Catholic high school due to his views on gender issues.

Josh Alexander, a Grade 11 student at St. Joseph’s Catholic High School in Renfrew, Ont., was suspended in 2022 for expressing his belief that there are only two genders. The school is part of the Renfrew County Catholic District School Board (RCCDSB).

Alexander also organized a student walkout to protest allowing biological boys to use the girls’ washroom, which led to accusations of bullying and his suspension in November 2022.

His suspension was later converted to an “exclusion” for the 2023-24 school year, essentially having the same effect but being considered non-disciplinary.

Alexander is contesting the school board’s decision to suspend and exclude him, as well as their denial of his appeals.

Legal Arguments

The court hearing on Nov. 13 was overseen by Justices James A. Ramsay, Shaun O’Brien, and Janet Leiper.

James Kitchen, representing Alexander, told the court that his client faced discrimination based on his religious beliefs.

Kitchen argued that the school principal was aware of Alexander’s beliefs and statements before the decisions to suspend and exclude him were made, highlighting that such beliefs should not be unexpected from Catholic authorities.

During the hearing, Leiper inquired if other students felt threatened by Alexander’s comments or actions. She emphasized that using incorrect names or genders could be perceived as aggressive by students.

Kitchen stressed the importance of considering an objective definition of “safety” and finding a balance in students’ rights.