Freedom of religion is protected by section 2(a) of the Charter.
Some religious schools (and some religious communities) have suggested that forcing them to allow GSAs violates their Charter-protected freedom of religion. This argument has been brought before the courts in Alberta and was dismissed.
However, freedom of religion also includes freedom from religion. This means that students are free to practice their religion, but they are also free from being forced to practice a specific religion against their beliefs. This is important in the context of GSAs in religious schools, because it means students should not be prevented from engaging in activities on the basis of religious beliefs they don’t hold.
In some provinces and territories, there are explicit laws that give you the right to a GSA (and other appropriate names) if you request one. For example:
- Ontario: The Education Act says that school boards must support you in creating organizations that promote awareness and understanding for people of all sexual orientations and gender identities, and that school boards and principals cannot refuse to allow students to use names like Gay-Straight Alliance or similar names.
- Manitoba: The Public Schools Act says that school policy must allow students to create clubs that promote awareness and understanding for people of all sexual orientations and gender identities, and to use names like Gay Straight Alliance, or other names that are “consistent with the promotion of a positive school environment that is inclusive and accepting of all pupils.”
- Alberta: The Education Act contains specific protections for GSA’s and mandates principals to allow the creation of these clubs as well as to allow for a respectful club name, such as “Gay Straight Alliance” or “Queer Straight Alliance.”
While some provinces and territories do not have these rights written explicitly in their laws, including British Columbia, Saskatchewan, and Nova Scotia, students still have Charter rights to freedom of association, freedom of expression, and equality, as explained above.
If you think that your right to a GSA or other queer-positive student club has been violated, and you are considering what to do next, please see the section entitled “What to Do if You Think Your Rights Have Been Violated” as well as the list of Resources at the end of this guide.
