Chamberlain v. Surrey School District No. 36
Encyclopedia
Chamberlain v. Surrey District School Board No. 36, [2002] 4 S.C.R. 710, 2002 SCC 86, was a case in which the Supreme Court of Canada
held that a local school board could not impose its religious values by refusing to permit the use of books that sought to promote tolerance of same-sex relationships.
in Surrey, British Columbia
, sought permission from School District 36 Surrey
to use three books in his kindergarten
and first grade
classes. The books were Asha's Mums, Belinda's Bouquet and One Dad, Two Dads, Brown Dad, Blue Dads
, and each presented families where both parents were of the same sex. Chamberlain asserted that the books were necessary to reflect the realities of today's families and to teach his pupils about diversity
and tolerance
. A 4-2 majority of the board voted to deny the requested approval.
was overturned in favour of the original lower court judgment. The judgment cited the need for families headed by same-sex couples to be respected. Chief Justice
Beverley McLachlin
dismissed the board's concerns that children would be confused or misled by classroom information about same-sex parents. She pointed out that the children of same-sex parents are rubbing shoulders with children from more traditional families and wrote: "Tolerance
is always age-appropriate, children cannot learn unless they are exposed to views that differ from those they are taught at home." The legal fees ended up costing Surrey taxpayers over $1,200,000.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
held that a local school board could not impose its religious values by refusing to permit the use of books that sought to promote tolerance of same-sex relationships.
Background
In 1997, James Chamberlain, a primary school teacherTeacher
A teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...
in Surrey, British Columbia
Surrey, British Columbia
Surrey is a city in the province of British Columbia, Canada. It is a member municipality of Metro Vancouver, the governing body of the Greater Vancouver Regional District...
, sought permission from School District 36 Surrey
School District 36 Surrey
School District 36 Surrey operates schools in Surrey, White Rock, and Barnston Island, British Columbia. It is the largest school district in British Columbia with 66,100 students during the 2005/2006 school year. District 36 includes 99 elementary schools, 20 secondary schools, and 6 learning...
to use three books in his kindergarten
Kindergarten
A kindergarten is a preschool educational institution for children. The term was created by Friedrich Fröbel for the play and activity institute that he created in 1837 in Bad Blankenburg as a social experience for children for their transition from home to school...
and first grade
First grade
First grade is a year of primary education in schools in the United States and English-speaking provinces of Canada. It is the first school year after kindergarten...
classes. The books were Asha's Mums, Belinda's Bouquet and One Dad, Two Dads, Brown Dad, Blue Dads
One Dad, Two Dads, Brown Dad, Blue Dads
One Dad, Two Dads, Brown Dad, Blue Dads is a children's book by Johnny Valentine and Melody Sarecky. It is designed for 4-8 year olds, and discusses all kinds of different dads, including having two dads...
, and each presented families where both parents were of the same sex. Chamberlain asserted that the books were necessary to reflect the realities of today's families and to teach his pupils about diversity
Multiculturalism
Multiculturalism is the appreciation, acceptance or promotion of multiple cultures, applied to the demographic make-up of a specific place, usually at the organizational level, e.g...
and tolerance
Toleration
Toleration is "the practice of deliberately allowing or permitting a thing of which one disapproves. One can meaningfully speak of tolerating, ie of allowing or permitting, only if one is in a position to disallow”. It has also been defined as "to bear or endure" or "to nourish, sustain or preserve"...
. A 4-2 majority of the board voted to deny the requested approval.
Opinion of the Court
A legal battle to overturn the decision to ban the three books went all the way to the Supreme Court of Canada, where the school board's decision at the British Columbia Court of AppealBritish Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
was overturned in favour of the original lower court judgment. The judgment cited the need for families headed by same-sex couples to be respected. Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Beverley McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
dismissed the board's concerns that children would be confused or misled by classroom information about same-sex parents. She pointed out that the children of same-sex parents are rubbing shoulders with children from more traditional families and wrote: "Tolerance
Toleration
Toleration is "the practice of deliberately allowing or permitting a thing of which one disapproves. One can meaningfully speak of tolerating, ie of allowing or permitting, only if one is in a position to disallow”. It has also been defined as "to bear or endure" or "to nourish, sustain or preserve"...
is always age-appropriate, children cannot learn unless they are exposed to views that differ from those they are taught at home." The legal fees ended up costing Surrey taxpayers over $1,200,000.