In a decision released Wednesday, the Ontario Court of Appeal threw out Steve Tourloukis's case, citing lack of evidence that the school board actually interfered with his ability to bring up his son and daughter in his Greek Orthodox faith.

Tourloukis sued the Hamilton-Wentworth District School Board five years ago after it refused his request for advance notice of how and when his children would be taught about sensitive topics, notably homosexuality, abortion, and gender identity, so he could pull them from class if necessary.

The Hamilton dentist made the request in 2010 when his six-year-old son was in Grade 1, his 4-year-old daughter in junior kindergarten, and the board implementing its equity and inclusivity policy as directed by the 2009 Equity and Inclusive Education Strategy.

Tourloukis loses first round
Tourloukis' lawyer Albertos Polizogopoulos argued June 2016 the board violated his client's Charter rights by preventing him from being able to shield his children if need be from what his faith considers "false teachings."

The board, the Liberal government and the Elementary Teachers' Federation of Ontario argued, among other things, that it would be too difficult to let Tourloukis know when LGBTQ or gender identity questions come up in class because inclusivity and diversity are embedded across the curriculum.

Ontario Superior Court Justice Robert Reid ruled against Tourloukis in November.

He ruled the board violated Tourloukis' Charter rights, but the violation was "reasonable" given the competing Charter "values" of "inclusivity, equality and multiculturalism," and public school boards' statutory obligations to support equity and create an inclusive school environment.

Tourloukis appealed, and Polizogopoulos argued his case in a three-day hearing in June before Ontario Court of Appeal Justices Robert Sharpe, Peter Lauwers and Bradley Miller.

The Christian Legal Fellowship intervened on Tourloukis' behalf, and, as in the lower court, the Liberal government and the Elementary Teachers' Federation of Ontario intervened on the school board's behalf...

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