Cancelling God Save the King anthem for schools violated the law, Manitoba trustee says in court action

Darren Bernhardt · CBC News

· Posted: Jun 17, 2025 3:55 PM EDT | Last Updated: 4 hours ago

A occidental Manitoba schoolhouse trustee is taking tribunal enactment against his chap trustees, claiming they violated the Public Schools Act by halting a program to bring God Save the King back into the classrooms of Mountain View School Division.

Paul Coffey filed an exertion connected June 2 with the Court of King's Bench for a proceeding connected the matter, present acceptable for June 23 successful Dauphin.

His exertion names trustees Scott Lynxleg, Gabe Mercier, Floyd Martens, Conrad Nabess, John Taylor, and Jarri Thompson arsenic respondents.

Coffey accuses them of acting extracurricular the scope of their ineligible authority, breaching their duties, undermining the board's legitimacy and exposing it to ineligible and reputational risk.

Coffey wants authorization to use to different justice for a declaration the different trustees violated the act, and to person their determination overturned.

CBC News has reached retired to the respondents. In an emailed response, Lynxleg said, "We person been advised to marque nary remark until tribunal proceedings are completed."

In mid-January, Jason Gryba, the seat of the Dauphin-based division's board, issued a directive that the royal anthem indispensable beryllium included successful greeting announcements astatine part schools, on with O Canada and onshore acknowledgements.

The determination was based connected the Patriotic Observances Regulation, a little-used rule successful Manitoba legislation that says O Canada must beryllium played astatine the commencement of the schoolhouse day, while God Save the King should beryllium played astatine the extremity of the time oregon the extremity of opening exercises.

The signifier has not been enforced for decades, and the Manitoba School Boards Association has said it was unaware of immoderate different boards that support the tradition.

In a 6-3 ballot connected Jan. 27, the committee voted to stay the plan, and spot whether it is legally required and supported by country residents.

Gryba and Coffee voted against, portion trustee Kerri Wieler abstained. The six trustees named arsenic respondents voted successful favour.

The anthem is considered a philharmonic salute to the British monarch. Indigenous groups person spoken retired against colonization astatine the hands of the monarchy.

Jarri Thompson, a First Nations trustee, enactment guardant a question to halt the move. It was seconded by Lynxleg, different First Nations trustee.

In his application, Coffey states the Patriotic Observances Regulation is inactive a request and "the instrumentality is not optional."

Under the Public Schools Act, trustees are legally bound to uphold each authorities and their oaths. No ineligible authorization permits a schoolhouse committee to enactment a provincial regulation — immoderate changes to authorities indispensable travel lawful procedures, not unilateral resolutions, the exertion states.

The trustees were warned astir that "at slightest 11 times" earlier the vote, yet breached their duties anyway, the exertion alleges.

Because of that, the nationalist and courts cannot person assurance that aboriginal decisions by the committee volition comply with the law, it claims.

The board — which oversees 16 schools with a $50-million budget, 3,100 students and 700 unit — indispensable adhere to the instrumentality successful bid to sphere assurance successful its legitimacy and accountability, the exertion states.

Discord connected the board

Coffey, successful his application, called the ballot portion of "a broader signifier of governance failures and jurisdictional overreach" by immoderate trustees.

Discord among committee members past twelvemonth yet prompted the authorities of Manitoba to name a third-party sheet to oversee operations. That, successful turn, led Gryba and Wieler to impeach state of intimidation.

In April 2024, Coffey gave a presumption astatine a committee gathering wherever helium said the residential schoolhouse strategy began arsenic a bully thing.

He besides questioned the level of maltreatment astatine the schools and said the word "white privilege" is "racist." 

In June of past year, Gryba, Taylor, Wieler and Coffey besides voted to occurrence the division's superintendent, which led to 3 trustees quitting days later.

And successful September, the committee defied the provincially appointed panel by holding a gathering with conscionable 4 trustees, less than the required quorum.

The tumult connected the committee has been attributed to caller trustees butting heads with the aged guard.

Lynxleg, 1 of the trustees elected successful October to capable the vacancies, has said helium would similar to spot the state eradicate the Patriotic Observances Regulation altogether.

The state appears to agree.

In March, the NDP government introduced a bill in the legislature to formally eliminate the requirement, but it has yet to beryllium debated, aft the Opposition Progressive Conservatives utilized their close nether House rules to clasp the measure back at the extremity of the legislature's outpouring sitting.

The measure would besides extremity a request that the Lord's Prayer beryllium recited. Mandatory supplication successful schools was struck down by the Manitoba Court of Queen's Bench successful 1992 but the regularisation has not been formally removed.

It would besides necessitate each schoolhouse boards to person policies respecting onshore and pact acknowledgements — thing astir already person successful place.