"Isn't that case all over and done with?" you may say to yourself. "Didn't the Surrey School Board lose?" Sadly, that isn't the situation. You see, there is the matter of an ambiguous Appeal Court ruling and the need to obtain a final judgment at the Supreme Court of Canada.

It all began back in 1997 when three children's books (Belinda's Bouquet, Asha's Mums, and One Dad, Two Dads, Brown Dads, Blue Dads) were submitted to the Surrey School Board by a gay Kindergarten teacher. James Chamberlain sought approval of the books for use at the Kindergarten and Grade One levels as resources for the Personal Planning curriculum. The books feature children who have two moms or two dads. The parents from Chamberlain's classroom read the books and made a presentation to the school board in favor of their use. Seventeen of twenty families from Chamberlain's classroom signed a petition which they presented to the trustees asking for the books to be approved. The Board refused to allow the books to be used anywhere in the District because there were parents who complained that their religious beliefs would be offended by acknowledging in the classroom that there are children who have same gender parents.

The case was heard in the BC Supreme Court and the judge determined that the ban imposed by the Board breached the School Act which requires that public schools be conducted on "strictly secular" principles, precluding the Board's decision being "significantly influenced by religious considerations". Those opposing the Board's actions were awarded substantial costs. The Board by this point had spent over half a million dollars of taxpayers' money in legal costs.

The Board then decided to appeal the decision and the case was heard in the BC Court of Appeal in 1999. The court's decision at that level was that the previous judge had erred in her decision and that the School Act had not been breached. However, much of the Petitioners' case rested on arguments based on the Canadian Charter of Rights and Freedoms and these were not addressed by the Appeal Court judges. The Petitioners were ordered to return the costs granted by the lower court.

The reasons why we have chosen to appeal to the Supreme Court of Canada are substantial. A Supreme Court decision in favour of the petitioners will have far-reaching implications for educators throughout the country. This case is about teachers' professional autonomy to decide how best to meet the learning needs of all students. It is about preventing school boards from making educational policy and decisions based on the religious persuasions of some members of the community, at the expense of others. Such a decision will send a clear message to school boards across Canada that they must adhere to the principles of a publicly-funded education system, whose purpose is to serve the needs of all within it.

This case also goes to the heart of children's rights to have their realities, including their families, reflected in their schools and in the curriculum. As educators, we have a responsibility to welcome and celebrate every single student's reality, regardless of whether we personally condone his or her family configuration and makeup.

At stake here, as well, are the equality and freedom of expression rights of citizens as guaranteed under the Charter. The public education system, and the school boards that administer it, are required and morally obliged to adhere to the principles of the Charter, so that all who access the system are treated in a manner consistent with its values. The national importance of this case has been confirmed by the intervention on behalf of the Petitioners of the Elementary Teachers' Federation of Ontario, the Canadian Civil Liberties Association and others.

It was petitioner Murray Warren and his life partner who employed the lawyer in this case and, to date their legal bills amount to several hundred thousands of dollars, for which the petitioners are personally liable. The School Board has spent more that $760,000 to keep these books out of classrooms. Our fundraising efforts have taken an enormous amount of time and energy, yet we are still short in excess of $200,000. We desperately need your financial assistance to pay for this litigation. Donations are not tax deductible due to the political nature of this case.

The case before the Supreme Court of Canada takes place this coming June 12th and we welcome any financial support individuals, businesses, community groups, and corporations can give.

The petitioners in the case include:

Murray Warren, Coquitlam teacher

James Chamberlain, Surrey teacher

Diane Willcott, Surrey parent

Blaine Cook, Surrey Student

Rosamund Elwin, Author of Asha's Mums

We need and appreciate your support!

Cheques may be made payable to the "GALE BC" and sent to:

Stop the Book Ban

c/o GALE BC

Box 93678

Nelson Park PO

Vancouver

British Columbia, V6E 4L7

Back to top