Justice
Quebec teacher challenges Education Minister’s gender transition policy
From the Justice Centre for Constitutional Freedoms
The administrators notified the teacher that if she disclosed any information about the child’s in-school gender transition during that spring interview, the teacher would be fired immediately.
MONTREAL, QC: The Justice Centre for Constitutional Freedoms announces the launch of a constitutional challenge in Quebec’s Superior Court against the Ministry of Education. This action is brought on behalf of a teacher who refused to lie to the parents of a 14-year-old student seeking a female-to-male gender transition, as her school administration had ordered her to do.
Following directives in the Education Minister’s Guide and Procedures on trans and non-binary persons’ gender identity, the student’s Montreal high school created a set of procedures to make it illegal to inform parents (or guardians) when their child seeks a gender transition.
At the beginning of October 2023, school administrators advised teachers that they should designate the 14-year-old student with the masculine pronouns “he/him” in class. But when dealing with the student’s parents, teachers were ordered to use the student’s given name and feminine pronouns. They gave this order even though there was no evidence or suspicion of parental abuse.
The teacher informed the administration that while she agreed to observe the student’s pronoun preferences, the teacher objected to the requirement that she lie to parents about their child’s gender change, especially during an upcoming parent/teacher interview.
That interview did not occur. Instead, the school allowed the teacher to submit a written report to the student, copied to the parents, which avoided the use of pronouns. While granting this exception, the school made it clear that the teacher would be obligated to meet with the parents during a parent/teacher interview scheduled for the spring if the parents requested such interview. The administrators notified the teacher that if she disclosed any information about the child’s in-school gender transition during that spring interview, the teacher would be fired immediately.
At that point, the teacher, assisted by the Justice Centre, filed the constitutional challenge to nullify the Minister of Education’s Guide and Procedures because, notably, they “contravene parental rights protected by section 7 of the Canadian Charter of Rights and Freedoms…in defiance of the principles of fundamental justice and without sufficient justification in a free and democratic society.” The teacher also believes that the Guide and Procedures violate the teacher’s section 2 Charter right to freedom of conscience.
Having to lie to her pupil’s parents was the last straw for the plaintiff teacher. “I couldn’t live with myself if I did that,” the teacher stated. “I won’t look them in the eye and intentionally lie about the fact that we are enabling their child to undergo a significant psychosocial intervention without their knowledge.”
According to the teacher’s lawyer, Olivier Séguin, this would be the first time that a court action raised freedom of conscience without also raising freedom of religion. Section 2(a) of the Charter guarantees both freedom of conscience and religion.
“It’s true that the prohibition on lying is common to all religions, but my client’s conscientious objection is not religious in nature,” Mr. Séguin explains.
The teacher went on to say, “Transparent collaboration with parents is essential to my role as a teacher and critical for the long-term wellbeing of children. Lying to parents about how we are treating their children, or about what is going on with children at school, violates the principles of my vocation.”
While it is true that the law does not expressly mention how schools should handle cases like this one, Mr. Séguin says, the Guide’s authors appear to have issued a ministerial directive on the sly, through a “guidance” intended for schools, in which they make the law say things it simply does not say.
For example, in its section entitled “Legal framework” (page 8), the Guide cites section 60 of the Civil Code of Quebec, which states that a request for a name change may be made on the initiative of a minor aged 14 or over, but the Guide ignores section 62, located right next to it, which states that parents must be notified of the request for a change of name and that they are permitted to object.
The Guide’s authors also cite article 71 of the same Civil Code, which also says, like Section 60, a request for a change of gender may be made on the initiative of a minor aged 14 or over. But again, the authors of the Guide fail to note Article 73, which states that parents must be able to object to any such change.
Mr. Séguin does not consider Minister of Education Bernard Drainville responsible for the omissions. The Quebec newspaper Le Devoir had already pointed out that by opposing mixed-sex toilets in schools, he had placed himself in contradiction with “the recommendations of his own ministry,” i.e. the recommendations set out in the Guide.
In the same article, Le Devoir reported that the Guide was the result of collaboration between (1) the Ministry of Justice and (2) the Ministry of Family, (3) the Office Against Homophobia and Transphobia, (4) the Research Chair in Sexual Diversity and Gender Plurality, Université du Québec à Montréal, and (5) the National Table Against Homophobia & Transphobia in Education Networks.
Mr. Séguin says he doesn’t believe the omissions are unintended incompetence, stating, “The irregularities with which the Guide is riddled are both too obvious and too numerous to see anything other than a desire to mislead readers by falsely claiming to translate the letter of the law. I see it as a form of usurpation of power, a denial of democracy.”
As for his client’s position, he says, “Secrecy towards parents, which in practice amounts to lying to them, is a serious violation of the legal contract that binds the state and its citizens.”
Crime
Biden’s ‘preemptive pardons’ would set ‘dangerous’ precedent, constitutional scholar warns
From LifeSiteNews
By Bob Unruh
Constitutional scholar Jonathan Turley warned that preemptive pardons ‘would do precisely what Biden suggests that he is deterring: create a dangerous immunity for presidents and their allies in committing criminal abuses.’
An expert who not only has testified before Congress on the U.S. Constitution but has represented members in court cases is warning about Joe Biden’s speculated agenda to deliver to his friend and supporters preemptive pardons.
It is Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University and author of The Indispensable Right: Free Speech in an Age of Rage, who wrote, “After years of lying to the American people about the influence-peddling scandal and promising not to consider a pardon for his son, Biden would end his legacy with the ultimate dishonesty: converting pardons into virtual party favors.”
There has been much speculation about those preemptive pardons from Biden, who lied about allowing juries and courts to determine the outcomes of son Hunter’s criminal gun and tax cases, flip-flopped and pardoned him.
Hunter Biden could have been ordered to jail for years for his felony gun convictions and his guilty pleas to felony tax charges.
However, Joe Biden handed him a get-out-of-jail free card, then followed up with hundreds and hundreds more commutations and pardons to a long list of those with criminal convictions.
The activity triggered a rash of speculation about those preemptive pardons, and Turley explains what’s going on.
“Democrats are worried about the collapsing narrative that President-elect Donald Trump will destroy democracy, end future elections, and conduct sweeping arrests of everyone from journalists to homosexuals. That narrative, of course, ignores that we have a constitutional system of overlapping protections that has blocked such abuses for over two centuries.”
Thus, the talk of preemptive pardons, but Turley said it wouldn’t work out.
“Ironically, preemptive pardons would do precisely what Biden suggests that he is deterring: create a dangerous immunity for presidents and their allies in committing criminal abuses,” he said.
He noted if Biden delivers those pardons, “he would fundamentally change the use of presidential pardons by granting ‘prospective’ or ‘preemptive’ pardons to political allies. Despite repeated denials of President-elect Donald Trump that he is seeking retaliation against opponents and his statements that he wants ‘success [to be] my revenge,’ Democratic politicians and pundits have called for up to thousands of such pardons.”
He explained there’s politics all over the scheme.
“After many liberals predicted the imminent collapse of democracy and that opponents would be rounded up in mass by the Trump Administration, they are now contemplating the nightmare that democracy might survive and that there will be no mass arrests,” he wrote. “The next best thing to a convenient collapse of democracy is a claim that Biden’s series of preemptive pardons averted it. It is enough to preserve the narrative in the face of a stable constitutional system.”
But there will be a cost to such a “political stunt,” he said.
“Preemptive pardons could become the norm as presidents pardon whole categories of allies and even themselves to foreclose federal prosecutions. … It will give presidents cover to wipe away any threat of prosecution for friends, donors, and associates. This can include self-pardons issued as implied condemnations of their political opponents. It could easily become the final act of every president to pardon himself and all of the members of his Administration.
“We would then have an effective immunity rule for outgoing parties in American politics.”
He noted that in the past, Bill Clinton pardoned both family members and political donors.
“Yet, despite that history, no president has seen fit to go as far as where Biden appears to be heading,” he said. Promoters of the plan, he said, “would prefer to fundamentally change the use of the pardon power to maintain an apocalyptic narrative that was clearly rejected by the public in this election. If you cannot prove the existence of the widely touted Trump enemies list, a Biden pardon list is the next best thing.”
Reprinted with permission from the WND News Center.
Business
‘Source Of Profound Regret’: Firm Pays Half Billion Settlement To Avoid Criminal Prosecution For Fueling Opioid Crisis
From the Daily Caller News Foundation
By Adam Pack
A consulting giant that helped fuel the United States’ deadly opioid epidemic agreed to pay a massive settlement to avoid criminal prosecution, according to court papers filed Friday.
McKinsey & Company, an international management consulting firm that advised Purdue Pharma to “turbocharge” sales of Oxycontin during the height of the opioid crisis, entered into a deferred prosecution agreement with the Department of Justice (DOJ) that will require the firm to pay a $650 million settlement over five years.
A former senior McKinsey employee also pleaded guilty to an obstruction of justice charge for destroying records detailing the consulting giant’s work for Purdue.
The McKinsey settlement is the latest in a string of lawsuits seeking accountability from corporations and consulting firms for contributing to the opioid crisis.
The epidemic, created in part from the work of Purdue and McKinsey to market OxyContin to millions of Americans, has taken more than 500,000 lives and left a trail of devastation in its wake, particularly in parts of rural America.
“McKinsey schemed with Purdue Pharma to ‘turbocharge’ OxyContin sales during a raging opioid epidemic — an epidemic that continues to decimate families and communities across the nation,” U.S. Attorney Joshua Levy for the District of Massachusetts, who sued McKinsey alongside an attorney for the Western District of Virginia over the firm’s consulting work for Purdue, wrote following the settlement. “Consulting firms like McKinsey should get the message: if the advice you give to companies in boardrooms and PowerPoint presentations aids and abets criminal activity, we will come after you and we will expose the truth.”
“We are deeply sorry for our past client service to Purdue Pharma and the actions of a former partner who deleted documents related to his work for that client,” the consulting firm wrote in a statement following the settlement. “We should have appreciated the harm opioids were causing in our society and we should not have undertaken sales and marketing work for Purdue Pharma. This terrible public health crisis and our past work for opioid manufacturers will always be a source of profound regret for our firm.”
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