Trustee Banned for Gender, Critical Race Theory Comments Files Court Application Against School Board

A school board trustee in the Durham region of Ontario has filed a court application against her board for banning her from future committee meetings after she criticized its recently drafted policies around race, gender, and sexuality.

On April 3, Linda Stone filed an application for judicial review against the Durham District School Board (DDSB) in the Ontario Superior Court of Justice for “censoring her speech and interfering with her ability to fulfil her role as an elected official,” according to legal advocacy organization the Justice Centre for Constitutional Freedoms (JCCF).

In a news release on April 18, the Justice Centre said Stone was barred from attending any of DDSB’s committee meetings for the rest of this year after the board decided on Feb. 6 that she had contravened its code of conduct.

‘Derogatory’

Stone had criticized the board for using the term “white supremacy” in its draft “Human Rights, Anti-Discrimination and Anti-Racism Policy” during a committee meeting on Oct. 25, 2021. She argued that the term “separates whites from anyone else” and was being seen as “derogatory” by her constituents.

According to the draft policy, “systemic discrimination and racism exist in the DDSB and stem from discriminatory and racist ideologies, systems, cultures and the structural dominance of white supremacy, sexism, ableism, heteronormativity, cisnormativity/cisgenderism, cissexism and faithism.”

Stone requested the definition be changed or the term be removed.

In another meeting on Nov. 9, 2021, Stone probed about the meaning and appropriateness of the term “cis-normativity” included in the draft. She asked the board whether the term applies to statements such as “men cannot get pregnant or give birth,” or that “men can’t breastfeed.”

She also addressed the topic of “Privacy and Confidentiality” in the draft relating to a student’s gender identity.

“Trustee Stone was concerned that pursuant to that section, parents would not be informed if their children identified as transgender,” said Stone’s Notice of Application document.

“She inquired whether the provision would also require that parents not be informed of their children undergoing surgeries or other procedures.”

Complaints

The JCCF said Stone’s remarks and questions were not well received by some other trustees and community members, resulting in several complaints launched against her leading to a formal board inquiry.

“For her remarks, and for similar statements and questions published on her personal Twitter account, the Board decided that Trustee Stone had breached its code of conduct,” the Justice Centre said.

“The Board has also excluded her from all Board committee meetings until December 31, 2023, effectively prohibiting her from exercising her role as elected trustee.”

Stone had resigned in May 2022 over the controversies, but was reelected in the fall that same year.

Trustees who complained against Stone included Niki Lundquist who alleged Stone had “undermined confidence in the Board” and had “caused questions to be raised about the Board’s commitment to integrity and its obligation to uphold well-settled human rights principles” when she spoke about her views on free speech on Jan. 24, 2022, the Notice of Application wrote.

Another trustee Darlene Forbes alleged Stone’s comments on several committee meetings, including the ones held on Oct. 25 and Nov. 9 of 2021, “espoused racist and transphobic points of views.”

‘Unreasonable Violation’

James Manson, counsel for Stone, says the DDSB cannot “violate” trustees’ freedom of expression or “punish” them for expressing their opinions and asking questions, simply because other trustees may disagree with them.

“We contend that the Board’s decision to punish Trustee Stone for bravely doing her job was unreasonable,” said the lawyer in the release.

“Our goal is to have Trustee Stone’s ability to fulfill her elected role as trustee reinstated as soon as possible so that she can continue to fulfill her mandate for the people of Durham Region.”

The Epoch Times reached out to DDSB for comment but did not hear back by publication time.

The Notice of Application states that Stone is asking the court to set DDSB’s decision aside.

She also seeks a declaration that the board’s decision “was made without justification” and amounted to an “unreasonable violation” of her Charter-protected freedom of expression.

She demands a public apology from the board.

Tara MacIsaac contributed to this report.