origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status,
family status or disability;
(a. 2) promote the prevention of bullying[.]
[ 58] In the context, I see the use of the word “promote” in
s. 169.1 to denote something close to “inculcate”. The prescribed
methods are aimed at securing acceptance by the pupils of the
morality of the ministry’s concept of inclusion, and their disap-
proval of the listed types of discrimination.
[ 59] My colleague identifies the ministerial directives and pol-
icy documents by which the implementation of s. 169.1 is to be
effected, at paras. 10-11. I repeat for convenience his general
characterization of their purposes:
These directives and policies are all designed to combat racism, religious
intolerance and homophobia, and to ensure that all students feel welcome
and accepted in public schools.
Students are to be provided with learning materials that are bias-free and
that reflect the diversity of the school’s population, including diversity of
sexual orientation and gender identity. A central feature of the Policy is that
diversity, anti-discrimination and anti-homophobia are not taught in stand-alone lessons but rather are fully integrated into the curriculum so that
acceptance of difference becomes routine. For example, teaching materials
for a lesson in mathematics might feature children with two fathers or two
mothers. In this way, all courses are infused with equity principles and
teachers are directed to ensure that all students — including lesbian, gay,
bisexual, transgender, transsexual, two spirited, intersex, queer and questioning people — will, in the words of the EIES, be “engaged, included, and
respected, and . . . see themselves reflected in their learning environment”.
[ 60] This is a fair description of some of the attitudes the
schools and teachers are expected to inculcate in pupils, and the
methods by which they are expected to do so. For convenience,
I will call this effort “the s. 169.1 program”.
( 3) Teachers play a critical role in inculcating civic virtues
[ 61] The Supreme Court has also addressed the important role
of the teacher in inculcating civic virtues in school children: “By
their conduct, teachers as ‘medium’ must be perceived to uphold
the values, beliefs and knowledge sought to be transmitted by
the school system”: Ross v. New Brunswick School District No.
15,  1 S.C.R. 825,  S.C.J. No. 40, per La Forest J.
at para. 44. In that case, the court upheld the dismissal of a
teacher who publicly made discriminatory statements in his off-duty time. See, also, Toronto Board of Education v. Ontario Secondary School Teachers’ Federation, District 15,  1 S.C.R.
487,  S.C.J. No. 27, 144 D.L.R. (4th) 385, per Cory J., at