Making the Case

A principal forbids same-sex prom dates. A community group tries to prohibit gender-neutral bathrooms. Despite growing acceptance of 2SLGBTQ+ rights, Canadian schools regularly become battlegrounds in clashes between students wishing to express their sexuality or gender identity and those who perceive this as a threat to their values.

Making the Case clearly shows how Canadian law responds to “competing” human rights claims, when there is a clash between people asserting sexual minority rights and those asserting religious rights. The authors call on related court cases to explain the position of Canadian law. They demonstrate that Canadians have rights to religion and rights to gender expression or sexual orientation; and that supporting sexual minority rights does not undermine other people’s rights to religious freedom.

This accessible book is an important tool for anyone working to create an inclusive school environment, or needing to respond to a rights-based conflict within their school.

Donn Short is a professor in the Robson Hall Faculty of Law at the University of Manitoba. In 2017, he received the inaugural Aaron Berg Award for his significant contributions to the advancement of human rights. He is the author of Don’t Be So Gay! Queers, Bullying, and Making Schools Safe and Am I Safe Here? LGBTQ Teens and Bullying in Schools. Bruce MacDougall is a professor at the Allard School of Law in the University of British Columbia, and has been Associate Dean of Academic Affairs and Associate Dean of Graduate Studies at Allard. Among his numerous publications is Queer Judgments: Homosexuality, Expression, and the Courts in Canada. Paul Clarke is a professor in the Faculty of Education at the University of Regina, and has served as president of the Canadian Association for the Practical Study of Law in Education. He is the author of Understanding Curricular Control: Rights Conflicts, Public Education, and the Charter.