Two Ontario teachers are taking their union to the labour board after being terminated for refusing to celebrate and affirm LGBTQ issues, claiming their constitutional rights were ignored.
Matt and Nicole Alexander, long-serving educators from Cobden, Ontario, face a consultation hearing at the Ontario Labour Relations Board on December 8.
The hearing will consider their complaint that the Elementary Teachers’ Federation of Ontario (ETFO) failed in its duty of fair representation by refusing to advance their Charter-based grievances.
Because most government employees are unionized, teachers like the Alexanders can only pursue their rights under the Charter — including freedom of conscience and religion under section 2(a) and freedom of expression under section 2(b) — through their union.
When a union refuses to advance a grievance, workers are effectively blocked from challenging alleged violations of their constitutional rights.
The Alexanders’ troubles began after their son, Josh, publicly questioned his own school’s policy allowing biological males who identify as female to use girls’ washrooms.
Although Josh attended a different school board, the controversy soon affected his parents.
Matt Alexander was suspended on April 17, 2023, over social media posts he never made publicly, while Nicole Alexander was suspended on May 5, 2023, after quietly placing a pride poster into a classroom cabinet that had been taped to her door without her consent.
Both teachers were terminated by the Renfrew County District School Board on October 26, 2023.
ETFO declined to contest their terminations and offered no explanation for its decision.
“For unionized employees, the only way to access their Charter rights in relation to their employer is through the union,” said constitutional lawyer Darren Leung.
“Matt and Nicole were ignored by their union in their hour of need, and we are hopeful that the Labour Relations Board will remedy this serious breach of the union’s duty of fair representation.”
The Alexanders currently have two legal actions underway: a human rights complaint against the school board alleging religious discrimination, and the duty of fair representation complaint against ETFO, now proceeding before the OLRB.
Lawyers funded by the Justice Centre for Constitutional Freedoms will present full submissions at the December 8 hearing, with a decision expected in early 2026.