Durham District School Board (DDSB) trustee Linda Stone filed an application for judicial review against the board in the Ontario Superior Court of Justice for censoring her speech and interfering with her role. .“A free and democratic society is one where the rule of law is respected, and where elected representatives are permitted to voice their concerns and opinions, as well as those of their constituents,” said Justice Centre for Constitutional Freedoms-funded lawyer James Manson in a Tuesday press release. .“The board’s decision engages not only Trustee Stone’s freedom of expression, but also erodes the very concept of the rule of law and the principle of democratic governance.” .Manson said without these, “no society can be said to be truly free.” .The DDSB censured Stone in February, barring her from attending the next school board meeting and denying her attendance at all committee meetings for the rest of year. .READ MORE: CARPAY: The courage to resist cancellation.Social justice activists targeted her because she questioned their beliefs about identity politics, gender ideology, and diversity, inclusion, and equity. .“Attacks on free speech are a universal tactic of intolerant groups who wish to have only their beliefs heard,” she said. .The release said Stone expressed concerns on behalf of some of her constituents during a DDSB Governance and Policy Committee meeting in 2021 by singling out the term white supremacy in the draft human rights, anti-discrimination, and anti-racism policy, saying it was derogatory, divisive, and unnecessary. It said she raised concerns about the board’s draft human rights, inclusive design, and accommodation procedure, which forbids teachers from disclosing information to parents about a student’s chosen gender identity or expression at school. .At another Governance and Policy Committee meeting a few weeks later, she raised additional questions about the meaning and appropriateness of the term cisnormativity in its draft human rights policy. .Social justice activists submitted several complaints about her remarks and questions, which resulted in a formal board inquiry. .It decided she'd breached its code of conduct for her remarks and similar statements and questions published on her Twitter account. She has been excluded from all meetings until December 31, prohibiting her from exercising her role as a trustee. .Stone asked the board to reconsider its decision in February, arguing it had failed to identify the sections of the code of conduct policies she allegedly violated, lacked authority to render the decision, and had been politically motivated. It was unmoved by her request, despite its counsel advising it had limited her freedom of expression and should reconsider its decision..The release went on to say Stone filed a notice of application against the DDSB in the Ontario Superior Court on April 6. It added she's asking the board to set its decision aside and to reinstate her as a trustee with full rights of participation in its processes. .She is seeking a declaration in this case its conduct amounted to a violation of her freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms and a public apology. .The notice of application alleges the board acted beyond its authority when it decided to censure and punish her and was unfair. .Manson called the DDSB’s decision to punish her for doing her job “unreasonable.” The goal is to have her ability to fulfill her role as a trustee reinstated as soon as possible. .“The board must understand it cannot violate trustees’ freedom of expression or punish them for expressing their opinions and asking questions, simply because other trustees may disagree with them,” he said.
