A Quebec court is set to hear arguments Friday in a constitutional challenge brought by a Montreal-area teacher who says she was ordered to hide a student’s gender transition from the child’s parents.The hearing in Montreal will focus on a request for confidentiality orders in the case, which challenges a Quebec Ministry of Education policy directing schools to affirm the self-declared gender of students aged 14 and older while keeping that information secret from parents.The case arose in 2023 when a Montreal high school instructed a teacher to refer to a 14-year-old female student using male pronouns at school, but to continue using female pronouns when communicating with the student’s parents. According to court filings, there was no evidence of abuse or safety concerns involving the parents.When the teacher objected to what she described as misleading parents, she was warned the disclosure of the student’s gender transition could result in her termination.With legal support funded by the Justice Centre for Constitutional Freedoms, the teacher launched a constitutional challenge against the policy. The lawsuit argues the directive violates her freedom of conscience and freedom of expression under sections 2(a) and 2(b) of the Canadian Charter of Rights and Freedoms, and undermines parental rights protected under section 7, which guarantees the right to life, liberty and security of the person..Friday’s hearing will deal specifically with whether certain participants in the case can remain anonymous.Our Duty Canada, which has intervened in the proceedings, filed affidavits from parents of transgender-identifying youth and from young adults who say they later detransitioned. Those individuals are seeking a confidentiality order to shield their identities, arguing they face potential harassment or retaliation if their names are made public.Another intervenor, Juritrans, is opposing the request for confidentiality.JCCF constitutional lawyer Olivier Séguin said the court must ensure individuals directly affected by the issue can participate safely in the proceedings.“This case will likely become a leading decision in Quebec, and potentially across Canada, on secrecy policies in schools and freedom of conscience,” Séguin said.He added that parents and detransitioners should not be forced to reveal deeply personal information in order to take part in the case without appropriate protections.A decision on the confidentiality request is expected after the March 6 hearing, while the broader constitutional challenge will proceed at a later date.
