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    Public interest litigation

    Ongoing public interest litigation

    A.B. v. Attorney General of Quebec

    Transgender students’ social transition at school

    Trudel Johnston & Lespérance represents two interveners, the Juritrans Legal Clinic and A.L., a transgender high school student, in this case. The interveners have been party to the litigation since 2024 in order to give voice to the interests of transgender students and defend their right to privacy.

    Latest news

    On May 9, 2025, we notified our expert report regarding the adolescent social transition and the impact of parental support on the transition (available in French), written by Dr. Éric Feugé, and which was corrected and filed on May 21, 2025.

    Case summary

    We represent the Juritrans Legal Clinic (“Juritrans”) and A.L., who are conservatory interveners in the present file which concerns an institutional directive (the “Directive”) implementing a government policy (Pour une meilleure prise en compte de la diversité sexuelle et de genre – Guide à l’intention des milieux scolaires, available in French, the “Guide”), which seeks to reinforce the respect of sexual and gender diversity in schools.

    The Guide and the Directive provide for the respect and the privacy of concerned students and, for those 14 years of age or older, requires their consent to involve their parents in measures put in place by the educational establishment in accompanying them.

    The plaintiff taught a student who changed pronouns to “il/him”. In accordance with the Directive, the educational establishment requested that his teachers respect his pronouns, name, and gender identity and advised the plaintiff that she could face disciplinary sanctions if she did not respect these instructions or if she were to reveal this information without the consent of the student.

    Case history

    In December 2023, the plaintiff, A.B., filed an application for judicial review to have the Guide and Directive annulled and declared unconstitutional (available in French). She claims that the Guide and Directive infringe on parental rights, her freedom of expression, and other legal rules which would require this information to be divulged to parents.

    Prior to the intervention of Juritrans and A.L., none of the proceedings filed to the Court undertake the case in accounting for the rights of transgender and non-binary people, even though result of this litigation will have an important impact on their rights. The October 22, 2024 intervention by Juritrans and A.L. (available in French) brings to the file an important illumination of the questions of public interest raised by this case and to assure that the rights and interests of young trans and non-binary people are protected.

    They are requesting that the conclusions sought by the plaintiff in her application for judicial review be rejected.

    On January 28, 2025, Our Duty Canada (“ODC”) filed a conservatory intervention in support of the plaintiff’s application for judicial review. Their intervention claims that the Education Ministry does not hold the power to “circumvent parental ties” (sic).

    FOR FURTHER INFORMATION

    Phone: 514 871-8385

    Email: [email protected]

    Please note that this case is subject to multiple confidentiality orders which protect, among other things, the identities of certain parties and witnesses, including A.L. The information available to the public is therefore limited.

    About

    Case title: A.B. v. Attorney General of Quebec et al.

    File number: 500-17-128051-235 (Superior Court of Quebec)

    Procedures and judgments

    Procedures
    Other Documents