OTTAWA — The Supreme Court of Canada has declined to review a decision made by the Toronto Catholic District School Board (TCDSB) to sanction one of its trustees for comments he made during a public debate. This decision stems from a controversial incident that occurred during a trustee meeting in November 2019 where a motion was proposed to expand the grounds for prohibited discriminatory practices to include gender identity, gender expression, family status, and marital status.
During this meeting, Trustee Michael Del Grande proposed an amendment that argued if the board were to add the four new proposed grounds, it should also consider including more contentious and socially unacceptable categories such as pedophilia, cannibalism, bestiality, and vampirism. His remarks generated significant public backlash, prompting the board to revisit its initial decision regarding whether Del Grande's comments violated its code of conduct.
Initially, the board had voted against sanctioning Del Grande, as the first vote regarding the breach of the board's conduct guidelines did not pass. However, in light of public outcry over his comments, the board reconvened to reconsider its position and ultimately chose to sanction him. The case then moved into the judicial system to determine the validity and appropriateness of the board's actions.
An Ontario court initially ruled that the TCDSB acted within its authority when it reconsidered its first decision, concluding that the board's subsequent decision to sanction Del Grande was reasonable. Following this ruling, the Ontario Court of Appeal upheld the lower court's decision, which led Del Grande to escalate the matter to the Supreme Court of Canada in hopes of a different outcome.
The Supreme Court's refusal to review the case indicates a final stance on the issue, allowing the lower court's ruling to stand and affirming the authority of the TCDSB in governance and conduct matters for its trustees. This situation raises significant questions about the limits of free speech within public institutions and the responsibilities of elected officials to adhere to standards of conduct expected by their constituents.
The developments in this case reflect ongoing discussions around discrimination, freedom of expression, and the governance of public school boards in Canada, highlighting the complex interplay between individual rights and institutional policies. This report was initially published on May 15, 2025, shedding light on the evolving landscape of social issues within educational institutions.
