|St. Thomas More|
According to Mr. Polizogopoulos, here are the six areas on which the proposed Bill 13 can be challenged on constitutional grounds:
1. The Bill gives preferential treatment to one group, namely the lesbian, gay, bisexual, transgendered, transsexual, two-spirited, intersexed, queer and questioning, LGBTTIQ students;
2. The legislation uses the term “homophobia”, a word that has no legal definition and is too general and thus applying it in the law becomes subjective and problematic;
3. The term “bullying” is not clearly defined and as a result too many behaviors fit the proposed wording;
4. Bill 13 legislates an “Equity” policy in all schools and thus will have the force of law to make Catholic schools violate their own teaching;
5. Bill 13 forces any group renting or using schools to adhere to the “provincial code of conduct”. This clause could undo Section 15 of the Charter as it applies to religious freedom and freedom of assembly;
6. The legislation forces all schools to establish gay/straight alliances. This could be a clear violation of denominational rights under the Section 93(1) of the Constitution, as well as Section 257 of the Education Act and possibly section 29 of the Charter.
This submission makes it clear that we have very valid reasons to continue to put pressure on our MPPs and Premier Dalton McGuinty because Bill 13 has many moral, health and legal problems. We must also ask some other questions. Why hasn't the Archdiocese of Toronto taken a public stand in support of the faithful and in defence of the faith on this proposed legislation? Do the parish priests know what's going on in our schools? Have parishes been notified by the Archdiocese? Have school boards been instructed to adopt the Respecting Difference document. Bill 13 is probably the biggest sexual experiment on all children of this province and Catholic leadership has for the most part been silent. We should not have to go down the same secular road we blindly followed in Canada when Pope Paul VI published that prophetic encyclical, Humanae Vitae. Isn't the proposed Bill 13 not part of the moral fall out?