In a case involving the ever important issue of the free speech of elected officials in Canada, lawyer James SM Kitchen is currently waiting to receive the court’s decision regarding Monique LaGrange in a judicial review against the Board of Trustees of the Red Deer Catholic Regional Schools. LaGrange, who was democratically elected to the Board in 2021, was kicked off the Board by the other trustees (referred to as “disqualification”) after sharing a social media post that the trustees disapproved of. The post drew both support and criticism within from community, but the trustee ignored the support.

The case, heard in the Court of King’s Bench of Alberta, centers around the right of elected officials to express views on social media. LaGrange posted a meme comparing the indoctrination of young Albertan children into the modern Pride ideology to the indoctrination of young German children into the National Socialist ideology of the 1930s and 40s. LaGrange declined to apologize for the post when asked to by the Board, maintaining that she was standing by her principles and the values she was elected to represent. Citing breaches of Board-imposed sanctions, the Board voted to disqualify her in November 2023.

Kitchen’s argument focused on the fundamental rights of Canadians—especially those elected to public positions—to freely express their views and beliefs without being censored and cancelled. He contended that the Board’s actions not only undermined LaGrange’s democratic role but also set a concerning further precedent suppressing free speech among public officials. Additionally, Kitchen highlighted procedural missteps by the Board, including an initial failure to disclose public support for LaGrange’s position.

With written and oral arguments concluded, the Court’s decision now awaits. The outcome could impact how public officials can engage with social issues on social media platforms, either reinforcing or restricting the right to express diverse perspectives.

James SM Kitchen’s involvement in this case underscores his commitment to defending Canadians’ free speech rights. If you need legal support to protect your freedom of speech, contact Mr. Kitchen for a consultation.

This article was prepared by the editorial team at Kitchen & Wells LLP
to provide general information on current legal matters.