The Democracy Fund (TDF), together with lawyer James Kitchen, will appeal a recent Alberta Court decision involving school trustee Monique LaGrange. Mrs. LaGrange was a trustee of the Red Deer Catholic school board until the board disqualified her as a result of memes she posted and media interviews she gave, of which a majority of the trustees disapproved.

Mr. Kitchen has now filed his Notices of Appeal with the Alberta Court of Appeal, which can be read here and here.

In 2023, Mrs. LaGrange shared a meme on her personal Facebook account outlining her concerns about the increasing indoctrination of students into Queer theory and transgender ideology. The meme featured two side-by-side images: one of young children holding swastika flags and the other of young children holding pride progress flags, accompanied by the caption, “Brainwashing is brainwashing.” The post garnered support but also criticism, especially from teachers and other school trustees. One of the trustees submitted a complaint alleging that by posting the meme Mrs. LaGrange had violated many sections of the new trustee code of conduct.

Following a hearing in September 2023, a majority of the board of trustees determined Mrs. LaGrange had breached the code of conduct. The board imposed several sanctions, including that she cease making any public statements in areas touching upon or relating to the 2SLGBTQ+ community, issue a public apology, and complete sensitivity training at her own expense.

Mrs. LaGrange refused to issue an apology and maintained that her actions were consistent with her commitment to protecting children, stating, “I was elected to stand up and protect our children, and that is what I am doing.”

Shortly thereafter, another trustee submitted a complaint about Mrs. LaGrange, alleging that she had again violated the code of conduct and also breached the sanctions by posting another meme and doing two media interviews. The meme was a popular one depicting a wolf with colourful make-up with the caption, “I just want to read some books to your chickens”.

After a second hearing, a majority of the trustees again determined Mrs. LaGrange had breached the code of conduct and the sanction regarding public comments. The board then disqualified her as a trustee, effectively kicking her off the board.

The lawyer for Mrs. LaGrange, James Kitchen, said:

“This case is the first of its kind. Never before has an Alberta board of school trustees kicked another trustee off the board for what effectively amounts to a disagreement regarding expressed political and religious beliefs (disguised, in our view, as trustee misconduct). Such an outcome has been made possible by the recent adoption of trustee codes of conduct by Alberta school boards. These new codes enable a majority of trustees to censor and cancel individual trustees with whom they politically disagree. In this case, it appears that a majority of politically left-leaning school trustees applied the code of conduct to a politically disfavoured trustee in order to censure, humiliate, and remove Monique for her outspoken opposition to the sexualization and indoctrination of young students.”

TDF and Mr. Kitchen challenged the board’s decision at a judicial review at the Alberta Court of King’s Bench. The Court varied the board’s apology requirement but otherwise upheld all of the board’s findings.

TDF litigation director Mark Joseph expressed concern over the broader implications of the case, stating:

“Disqualifying a democratically-elected representative based on public comments sets a dangerous precedent. It undermines free speech rights, tolerance for political diversity, and representative democracy by allowing officials to impose ideological purity tests on electoral candidates. The proper response to allegations of bad policy is repudiation at the ballot box rather than official disqualification. If upheld, this decision will pose a significant threat to democratic rights in Canada.”

About The Democracy Fund

Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.

By Didi Rankovic

Does Google’s bold rejection of EU mandates signal a shifting balance of power between tech giants and censors?

It’s as good a time as any to effectively pull out of the EU’s “voluntary anti-disinformation” deal, which social media companies were previously strong-armed into accepting. And Google has now done just that.

The “strengthened” Code of Practice on Disinformation was introduced during the heyday of online censorship and government pressure on social platforms on both sides of the Atlantic – in June 2022, and at one point included 44 signatories.

One of those who in the meanwhile dropped out is X, and this happened shortly after Twitter was acquired by Elon Musk.

Now, as the “voluntary” code is formally becoming part of EU’s censorship law, the Digital Services Act (DSA), Google took the opportunity to notify Brussels it will not comply with the law’s requirement to include fact-checkers’ opinions in the search results, or rely on those to delete or algorithmically rank YouTube content.

Accepting these DSA requirements “simply isn’t appropriate or effective for our services,” Google’s Global Affairs President Kent Walker stated in a letter sent to European Commission’s Deputy Director-General for Communications Networks, Content and Technology, Renate Nikolay, reports said.

At the same time, Google is withdrawing from “all fact-checking commitments in the Code” – this refers to the signatories working with “fact-checkers” across EU member-countries. The code also requires tech companies to flag content, label political ads, demonetizing users found to be “spreading disinformation,” etc.

Even though Google’s censorship apparatus does not use third-party “fact-checkers” as it is, the news that the company has decided to defy the EU on this issue is interpreted as yet more proof that social media giants are breaking free from some of the constraints imposed on them by the authorities over the past years.

Meta recently announced that its fact-checking scheme in the US was ending in order to make room for more free speech on Facebook and Instagram, but it remains a signatory of the Code in the EU.

It remains to be seen what decision Meta will make once that agreement becomes part of the DSA – the deadline for which is currently unknown.

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