Two Quebec men have been barred from donating sperm in the province after being accused of fathering hundreds of children. A police officer carries paperwork into the Palais de Justice, Quebec Superior Court, in Montreal on Monday, Aug. 18, 2025. THE CANADIAN PRESS/Christinne Muschi
Two Quebec men have been barred from donating sperm in the province after being accused of fathering hundreds of children. A police officer carries paperwork into the Palais de Justice, Quebec Superior Court, in Montreal on Monday, Aug. 18, 2025. THE CANADIAN PRESS/Christinne Muschi
MONTREAL - Quebec鈥檚 Superior Court heard arguments Friday in a case about a high school teacher who alleges her Charter rights were violated when she was ordered to hide a student鈥檚 gender identity from their parents.聽
The teacher, identified only through the initials A.B. in court documents, alleges she was asked to use masculine pronouns for the student during class and feminine ones with the student鈥檚 parents at risk of losing her job in 2023.
The court withheld the teacher's name to protect the identity of the student in the case.
The teacher has taken the government to court, seeking to invalidate a provincial education policy that allows students 14 and up to change the name and pronouns used in school with or without parental consent.
The provincial Education Ministry introduced the policy in 2021 to ensure the inclusion of all people with diverse sexual orientations, gender identities and gender expressions in schools.
The policy stresses that confidentiality is 鈥渆xtremely important.鈥
The teacher said the provincial policy left her feeling uncomfortable speaking to the parents about their child.
She also alleges the school's instructions had violated her freedom of conscience and freedom of expression.聽
The court is now reviewing arguments about whether some witnesses providing statements in the case can remain anonymous, testing the limits of what's in the public interest.
Two legal clinics, Juritrans and Our Duty Canada, are intervening in the case.
Our Duty lawyers collected affidavits from parents of transgender children across Canada and two adult women who detransitioned after starting a gender transition in high school.聽
The teacher鈥檚 lawyer, Olivier S茅guin, argued the identity of all affiants should be withheld from court documents to ensure they do not rescind their testimony. Some also requested their testimony be for lawyers鈥 eyes only.
He said their perspectives are vital for the court to hear balanced positions and are of public interest. However, many only agreed to submit their testimony under condition of anonymity and 鈥渮ero risk.鈥澛
According to S茅guin, the affiants worry about their relationships with their children 鈥 whose medical histories and psychosocial information is detailed in the testimonies 鈥 and of negative repercussions given 鈥渢he societal context" and sensitivity of the topic.
Juritrans disagrees with this approach, noting a judge already granted limited confidentiality for all trans minors in the case.
Juritrans lawyer Lex Gill said she would not be able to properly cross-examine witnesses if the judge approved the anonymity requests, which would extend to her clients.
Juristrans intervened in the case to represent the interests of transgender youths and students, including a minor who agreed to testify.聽
Gill said the clinic is "seeking to protect the constitutional rights of [those] directly affected by the policy" the teacher wants nullified.
She added there is 鈥渘o legal standing鈥 to grant anonymity to protect from 鈥減ersonal conflict, embarrassment and the usual stress of participating in court procedures鈥 or to 鈥渋nstrumentalize鈥 the personal information of third parties without their consent.
She is asking the judge to waive S茅guin and Our Canada鈥檚 confidentiality requests, saying it goes against the spirit of public interest and the open court system.
The judge鈥檚 decision is expected to land in a few weeks.
The court has not yet set a date to hear arguments in the wider case.
This report by 好色tvwas first published March 6, 2026.