Ontario Court of Appeal rejects ex-teacher's appeal in a lawsuit against Waterloo Region District School Board

The Ontario Court of Appeal has rejected the appeal of a retired teacher in a case against the Waterloo Region District School Board (WRDSB) over the termination of a presentation she was making at a board meeting.

Carolyn Burjoski, a former English as a second language teacher, was removed from a WRDSB meeting in 2022 — where she appeared as a delegation — for expressing concerns about the content in some elementary school books. 

Burjoski filed a judicial review in April 2022, arguing that the board's decision to terminate her presentation infringed upon her Charter right to free expression. The Divisional Court ruled against her in November 2023, and the Court of Appeal has now upheld that decision, Burjoski said in a news release Thursday.

In dismissing the appeal, Burjoski has been ordered to pay $2,500 to the respondents. The board was previously awarded $5,000 by the courts in November.

"This ruling is a devastating blow not only to my personal fight for justice but also to the fundamental right of free speech in Canada," Burjoski said in the release. 

"The court's decision sets a dangerous precedent that could have far-reaching consequences for all Canadians who wish to express dissenting opinions."

In her lawsuit, Burjoski expressed her concern with the appropriateness of certain books in elementary school libraries. She gave two examples: A book that centred on an asexual character, and one about a transgender character.

The Waterloo Region District School Board and former chair Scott Piatkowski were named as defendants.

Burjoski's statement of claim said she spoke out about the books because she was worried they "could put pressure on kids to start thinking sexually before they are ready to do so."

Piatkowski stopped Burjoski's delegation during the meeting because he said he had concerns that what she was saying violated the Ontario Human Rights Code. Other trustees upheld that decision in a vote.

After the meeting, Burjoski alleged in her statement of claim that Piatkowski gave "false and defamatory statements" to local media and on social media. She also alleged the school board made defamatory statements in a message sent to staff and another posted to the board's website after the meeting.

Burjoski has alleged she has faced repercussions since that meeting, including being suspended from work, and being banned from communicating with colleagues and students. She also said a formal complaint was launched that led to a disciplinary investigation.

'Fight is far from over,' Burjoski

In a YouTube video posted on Thursday, Burjoski expressed gratitude to the Justice Centre for Constitutional Freedoms for their support with her lawsuit.

"While we have lost this battle, our fight is far from over. I am committed to defending free speech for all Canadians and will continue to do so through my defamation lawsuit," she said.

"The outcome of this case highlights the critical importance of winning my ongoing civil defamation lawsuit," added Burjoski.

She said actions and comments made by the board and its former chair following her expulsion "have not only damaged my reputation and health, it has also represented a broader threat to free speech."

CBC News has reached out to the WRDSB for comment.