Ontario fights legal challenge over a decision to revoke updated sex-ed curriculum

Ontario is asking a court to dismiss a legal challenge against the government’s decision to repeal an updated sex-ed curriculum.

The Canadian Civil Liberties Association and the Elementary Teachers’ Federation of Ontario allege the PC government’s decision is unconstitutional, saying it puts students at risk.

But lawyers for the government argue in a document filed ahead of a Wednesday hearing that the Constitution doesn’t entrench any particular curriculum or set out what sexual health topics must be taught.

They say the minister of education has the responsibility to set policy in Ontario’s public schools, not the courts or the groups challenging the curriculum repeal.

The previous Liberal government updated the sex-ed curriculum in 2015, including lessons warning about online bullying and sexting, but opponents, especially social conservatives, objected to parts addressing same-sex relationships and gender identity.

The PC government argues that if the curriculum prior to 2015 didn’t infringe the charter, it can’t be unconstitutional to return to it.