The Democracy Fund client Monique LaGrange is partially successful in the Court of Appeal.
EDMONTON: The Alberta Court of Appeal issued a decision in the dispute involving former Red Deer Catholic Regional School trustee and TDF client, Monique LaGrange, striking down a requirement that she issue a public apology while upholding her disqualification from the board of trustees.
In August 2023, Ms. LaGrange, then a trustee, posted a meme on social media objecting to school boards indoctrinating children with gender ideology. The post prompted a complaint from another trustee under the board’s code of conduct alleging that Ms. LaGrange had violated board policy and the Education Act.
The Red Deer Catholic board of trustees upheld the complaint and sanctioned her for posting the meme, insisting that she issue a public apology, restricting similar public commentary relating to the LGBT "community" and requiring sensitivity training. The board disqualified Ms. LaGrange as a trustee in November 2023 after she made further public comments on sexualizing and indoctrinating children in schools.
Ms. LaGrange sought judicial review at the Court of King’s Bench of Alberta, which upheld the board’s decisions as reasonable while adjusting certain elements of the apology requirement and finding the sensitivity-training condition unreasonable. TDF-funded lawyer James Kitchen appealed on behalf of Ms. LaGrange.
The Court of Appeal allowed Ms. LaGrange’s appeal regarding the apology sanction, ruling that requiring an apology is unlawful because it amounts to compelled speech and is unenforceable. The Court dismissed Ms. LaGrange’s remaining grounds of appeal, holding that the board’s findings were reasonable and upholding the disqualification.
Lawyer for Ms. LaGrange, James Kitchen, said: "Monique and I are pleased the Court of Appeal ruled the school board's imposition of a compelled apology as a form of sanction was unlawful, especially since this has practical utility for other school trustees and municipal councillors encountering compelled apologies from their respective boards and councils. We are, however, disappointed, if not surprised, that the Court of Appeal dismissed the other grounds of appeal."
About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to defending constitutional rights, promoting free speech and religious freedom, and opposing religious discrimination. TDF advances these principles through litigation, public education, educational initiatives, and access-to-justice programs for Canadians whose civil liberties have been infringed.