Case of trans girl fighting Ontario's sex ed curriculum repeal dismissed

TORONTO — The Human Rights Tribunal of Ontario has dismissed the case of a transgender girl fighting the provincial government's repeal of a modernized sex-ed curriculum.

Lawyers for the 11-year-old sixth-grader — identified only as AB — argued that the government discriminated against their client by not having mandatory lessons on gender identity in the current curriculum.

But the tribunal decided that a separate court decision in favour of the government made the girl's complaint moot.

The Divisional Court ruled in February that it is the role of elected officials, not the courts, to make legislation and policy decisions.

The court also noted that government lawyers said teachers were allowed to go beyond what is in the new curriculum.

In its decision, the Human Rights Tribunal says that this affirmation means AB's rights will not be infringed.

The decision says AB's teachers ``must include her because the Code and Charter require them to teach in an inclusive manner.''

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