Canada’s top court has refused to hear the case of a º£½ÇÉçÇø¹ÙÍøtrustee who was censured by the Catholic school board for proposing sexual fetishes be added to its code of conduct during a debate on gender identity, which marks the end of a lengthy and costly legal journey.Ìý
On Thursday, , who requested it review a judicial decision by an Ontario court in his battle with the º£½ÇÉçÇø¹ÙÍøCatholic District School Board.ÌýÂ
The dismissal of that application means the lower court ruling stands, ending a legal battle that started five years ago when Del Grande made controversial comments during a board meeting that elicited public outrage.
“It’s over,” Del Grande said Thursday. When asked for additional comment, he said, “It doesn’t matter how I feel, it’s how the court rules. So, it’s over.” Â
In a statement, a TCDSB spokesperson said: “With this matter now officially coming to a close, the º£½ÇÉçÇø¹ÙÍøCatholic District School Board looks forward to continuing its mission to advance student achievement and well-being, guided by our strategic plan and its values of knowledge, justice and hope.”
The case stems from a November 2019 public meeting where trustees debated a motion to amend its code-of-conduct policy and add four new grounds under which discrimination is barred — gender identity, gender expression, family status and marital status — as required by the province and human rights law.
Del Grande was opposed, calling that a “slippery slope,” proposing that if those four grounds were added, so too should a long list of sexual fetishes and paraphilias, including pedophilia, cannibalism, bestiality and vampirism, noting “God made them all.” He was ruled out of order, and the original motion passed.
After the meeting, the TCDSB received complaints from the public saying Del Grande’s comments were intended to shame and disrespect members of the LGBTQ community, prompting the board to hire an investigator to determine if he had breached the Code of Conduct.Ìý
In her report, the investigator said Del Grande had a right to provide a Catholic perspective, and noted that he insisted he was making a point by using “hyperbole.” But she recommended the finding of a breach, saying Del Grande’s comments “crossed the line” and he “created an unwelcoming and harmful environment” for some in the TCDSB community.
In August 2020, trustees considered the investigator’s report, but were one vote short of finding that Del Grande had breached the Code, eliciting even more public outcry. Three months later, trustees reconsidered that decision, and voted that he had indeed breached the Code and imposed various sanctions.
Del Grande sought a judicial review of the board’s decision at , which in 2023 ruled that the TCDSB had acted legally in censuring him. He appealed that decision, but .
Del Grande then sought to take his case to the Supreme Court, which on Thursday dismissed his request to review the Court of Appeal’s decision.Ìý
In all three court rulings, Del Grande was ordered to cover the board’s legal fees. To date he has paid about $187,000 for the TCDSB’s costs at the divisional court and the appeal court. The board says it’s awaiting further details from the Supreme Court regarding how much the legal fees there will be.
Del Grande has paid for legal costs with his own money and , which is a national anti-abortion organization.
Trustee Maria Rizzo said Thursday’s decision means “this Del Grande fiasco can finally be put to rest” adding, it “reflects a positive outcome for the TCDSB, 2SLGBTQ+ students and families.”
“Fortunately for our students this debacle did not silence the very conversations that help schools and families navigate differences with understanding and respect,” Rizzo told the Star.Ìý “The late Pope Francis created a shift toward acceptance. I hope that the newly appointed Pope Leo XIV will continue to move in the same direction for the sake of 2SLGBTQ+ students and families in all of our school communities and throughout the world.”
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