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Seeking vindication: Monique LaGrange v. Red Deer Catholic Regional Schools wraps in Court of King’s Bench

Jun 19, 2024 | 6:26 PM

The double judicial review of Monique LaGrange v. Red Deer Catholic Regional Schools concluded Wednesday, following five days (in May and June) of back and forth between respective lawyers, James Kitchen and Teresa Haykowsky.

LaGrange, who initiated the judicial reviews, is seeking vindication through reinstatement to the board of trustees from which she was disqualified last fall; meanwhile, the division is hoping its board’s actions will be found justified.

Said actions transpired after LaGrange shared a meme to her Facebook page likening the modern-day Pride movement to the Nazism of the early to mid-20th century.

CATCH UP ON OUR EXTENSIVE COVERAGE OF THIS STORY

The final day began with playing of two on-camera interviews LaGrange did amidst sanctions being handed down against her in fall 2023.

Counsel Haykowsky presented them as evidence LaGrange did them in an official capacity as trustee, which at the time she’d been forbidden to do through the sanctions of her first Code of Conduct violation — posting the meme.

Counsel Kitchen argued that being identified in an interview as a trustee isn’t the same as appearing in an official capacity.

The first interview shown was with right-wing pundit Laura-Lynn Tyler Thompson, who conversed with LaGrange about a wide array of topics, primarily ‘transgender ideology’ and the, “sexualization of children.”

In the interview, LaGrange talks about what made her want to run for trustee and discusses body dysphoria.

“There is a silent majority out there,” LaGrange says, in reference to people who think like her. “Indoctrinated teachers are teaching our children.”

She says parents need to be the change-makers.

In a second interview with Talk Truth, hosted by father-son duo Corri & Allan Hunsperger, LaGrange spoke more directly of her school board strife.

She claimed in the video she had thousands of people offer support, including some within the, “gay community,” a Holocaust survivor, and unnamed politicians.

“It wasn’t my post. I just shared someone’s [Facebook] story,” she told the Hunspergers. “I still have no idea what they want me to apologize for. I’d still post it again. It’s not offensive if you understand what’s going on in the world. People need to wake up.”

Notably, in both interviews, LaGrange mentions that shortly after the meme was posted, local media ran stories without talking to her. rdnewsNOW and other media unsuccessfully attempted to reach her multiple times, eventually connecting with Kitchen for comment instead.

Haykowsky noted Wednesday that at one point in the Talk Truth video, LaGrange appears to laugh along with the co-hosts at a derogatory comment made about the board.

Haykowsky then emphasized a trustee’s mandate to support the final decision of the board, and not contradict it in formal settings.

She spoke too of how a trustee is required to be cognizant that they represent the board when posting on social media, as per Clause 6.4 of Board Policy 3, and reiterated a trustee’s shared responsibility to provide a safe and caring space for all the division’s 10,000+ students.

She also pointed out that after the first sanctions, Board Chair Murray Hollman urged LaGrange to be wary of breaching the Code of Conduct again, warning it could lead to disqualification.

“It’s quite remarkable,” Haykowsky said of statements LaGrange made in the video interviews. “They really support why the board felt it couldn’t sit down with [her] and work it out.”

Haykowsky said the Thompson interview speaks for itself, offering nothing further on it.

There isn’t one example, Haykowsky added, of where the board didn’t address the submissions of LaGrange.

This was at the core of Kitchen’s day four arguments, which he dove into again in his final remarks.

“It matters that [Haykowsky] didn’t give any examples from the [Thompson] interview,” he said, referencing his repeated argument that the board ignored the LaGrange side’s submissions last year.

“The board seems to have a secret dictionary for what it’s written down.”

Kitchen said if the board wanted to completely bar LaGrange from doing any and all interviews, it should’ve drafted its sanctions better, adding the board punished LaGrange for what it wishes the Code of Conduct said, not what it actually does.

“Summarizing, and the board stating its position, that’s not good enough. It doesn’t demonstrate they listened.”

Kitchen explained that his analysis of the board’s responses to LaGrange is why he repeatedly used the term, “reverse-engineered,” on day four, implying they knew where they wanted to get, and worked backwards to get there.

“Is it really bad conduct to say things like what Monique LaGrange did? Being a trustee is about saying difficult things,” he said. “We have to tolerate beliefs that some people really don’t like.”

Finally, he addressed Haykowsky’s day four assertion that the case should be thrown out because LaGrange resigned under Section 90 of the Education Act (more in our day four coverage).

“[There is] a freestanding right to judicially review,” he said. “The court has inherent jurisdiction.”

Kitchen, and Red Deer Catholic Board Chair Hollman, did brief interviews with rdnewsNOW after proceedings concluded.

Kitchen expressed surprise at the process taking five days when it was originally scheduled for three, opining it meant a financial, “tactical advantage,” for the school division.

Kitchen admitted he anticipates losing the case, but shares there’s a good chance it’ll be appealed whichever side wins.

“If we lose at the Court of Appeal, or don’t appeal, that’ll set a nasty precedent for conservative trustees who like to speak their mind,” he said. “It’d be a net negative for society and democratic accountability, but that’s how it might go.”

The Democracy Fund continues to fund the case for LaGrange, he clarified.

Hollman, meantime, says it’s been a long but necessary process.

“This is a big deal and it impacts the community greatly. We’ve done everything we can,” he said. “We believe we’ve followed the process to the best of our ability.”

Hollman also addressed one comment of Kitchen made on day four, referring to the Catechism, and the notion that Catholicism is at odds with the 2SLGBTQ+ worldview.

“There definitely is a Catholic worldview on those issues, but it’s not a hateful view. There’s still room for LGBT (sic) people within the Catholic worldview, and that’s through love and through Jesus,” he says. “Painting it black or white isn’t fair; there are some shades of grey. There are times where they are at odds, and it is what it is, but we’re open about it in conversation.”

A decision on the two judicial reviews from Justice Arcand-Kootenay, both sides believe, is not expected until late 2024 at the earliest.

Notably, nominations for the fall 2025 municipal elections open in January.

In one of the aforementioned videos, LaGrange noted she looks forward to said election. Kitchen couldn’t say for certain whether she’d be eligible to run if the board’s disqualification of her is upheld.

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