Burjoski will not finish presentation, court decision made two years later

The Divisional Court has ruled that no review will take place following the Waterloo Region District School Board’s decision to stop a presentation by retired teacher Carolyn Burjoski in January 2022.

The three judge panel were looking into three different issues in the case; if the decision was unreasonable, if there a breach of fairness and was there bias in the decision to stop the presentation.

They ruled the decision to stop the presentation was reasonable because the Board chair, Scott Piatkowski, was responsible to keep order during meetings. The WRDSB also made no finding that Burjoski violated the Ontario Human Rights Code.

The judges ruled there was no breach of fairness. In the decision, they wrote Burjoski was “given more than one opportunity to deliver her delegation on the topic approved in advance, but declined to do so even after she was reminded of its scope.” They also ruled the decision was not biased noting five trustees voted to uphold the decision.

“Having formed a reason for voting a certain way is not the same as being biased before the vote is cast,” said the judges in their decision.

Two years ago, now retired teacher Carolyn Burjoski’s presentation at a board meeting on the board’s library review process was cut off, and she was removed from the meeting.

Her presentation was labelled as “transphobic,” she later filed a defamation lawsuit for those comments and asked for a judicial review of the case, arguing she should be allowed to finish her presentation.

A statement provided by the Waterloo Regional District School Board read, the Court found “no basis established upon which any finding of a reasonable apprehension of bias, or any actual bias, on the part of the WRDSB could be justified.”

The outcome of the defamation lawsuit, claiming Burjoski was caught in the middle of a “national media frenzy”, has not yet been decided.

In a statement to CityNews 570, Burjowski shared her thoughts on the ruling.

“I’m obviously disappointed, but also surprised by this ruling. My legal team is currently reviewing the decision. I will make a statement in the near future.”