He said nothing prohibits talking about consent, if that’s something teachers want to draw upon in how they teach the current curriculum. Ultimately, he said, it’s up to the teacher.
“It’s a false dichotomy to say they can either use the 2015 (curriculum), or the 2018 one,” he said.
Green noted that various school boards, including the Toronto District School Board, have publicly stated they are following the current curriculum, but still tackling topics such as consent and are teaching in a manner that is inclusive of all students, including LGBTQ+.
Speaking outside the courtroom, NDP education critic Marit Stiles called the government’s arguments “pretty confusing.”
“It’s pretty clear to me that the government’s statements to date have caused many teachers, students, parents to question whether or not their children are going to be learning how to be kept safe from bullying . . . consent and LGBTQ and identity issues,” Stiles said.
She said the government has sent out “very confusing and conflicting” communications, about what the curriculum is and what the expectations are of teachers.
“Today was just another indication of this ongoing chaos and confusion they have created,” Stiles said.
Part of the confusion — and what ETFO says helped create a chilling effect amongst teachers — stems from comments made by Premier Doug Ford, when he announced the curriculum rollback in August.
“Make no mistake, if we find somebody failing to do their job, we will act,” Ford said at the time.
Green said the premier’s comments were in response to an earlier ETFO press release urging teachers to follow the 2015 curriculum, which he described as “their cry of rebellion.” The province’s position is clear in that the current curriculum must be followed.
Sam Hammond, ETFO president, told reporters outside court that he was “pleasantly pleased” to hear the province say teachers can use the 2015 curriculum, but was also “absolutely surprised.”
“It’s the first time since this whole debate began that the government, or a representative of the government, said ‘Yes, teachers may use the 2015 curriculum as a resource in implementing the current curriculum,’ ” Hammond said.
Hammond said if the premier, and government, had made that clear at the outset, “We wouldn’t be here today.”
The current HPE curriculum is an interim document. The province has said it’s working on drafting a new document for the next school year that is based on feedback from a public consultation process that resulted in 72,000 submissions.
The judges asked Green if he could assure them that the government would release a new HPE curriculum in time for the next school year.
“It’s intended to be released in the fall of 2019,” said Green. “But I can’t make a promise. These are big tasks.”