Rights for queer students threatened under new policy 713

Though policy 713 was introduced in New Brunswick, the debates it has sparked around gender identity and parental rights has implications for all Canadians

Policy 713 was introduced in New Brunswick in 2020 to serve as a legislative basis regarding the rights of 2SLGBTQIA+ students in the province. This policy has undergone revisions twice in 2023.

First, in June 2023, the province's government amended a portion of the Self-identification Section 6.3. The section now prefaced that students under the age of 16 would require the consent of parents to be addressed with their preferred pronouns in educational settings. This change in June 2023 sparked much debate about whether or not the policy was in violation of the Canadian Charter of Rights and Freedoms.  

These debates prompted another revision in August 2023 which while still maintaing the requirement of parental consent, introduced intervention steps if there were complications in obtaining it.  

This change meant that students under 16 would first be referred to a guidance counsellor or school psychologist to determine how to gain consent from their parents. The Government of New Brunswick believes that this change encourages students' exploration of gender identity and ensures support from adults. 

Hamilton Community Legal Clinic is a not-for-profit that serves as a legal service for Hamilton residents. HCLC released a statement regarding Policy 713 that acknowledged their stance against the proposed policy and its implementation.  

Michael Blashko, staff housing lawyer and the lead on the Queer Justice Project at HCLC, expressed that the primary concern is around the impacts on children under 16. He pointed out that many educators, social workers and psychologists have expressed deep concern. 

“The potential impacts [on children under 16] are quite well known and not only professional educators and different associations of educators have come through with comments against this policy change. . .but also just health professionals,” said Blashko. 

He shared one of the most concerning parts of the policy was the actual lack of consultation that went behind the changes.  

“I believe it was first implemented by the party that actually has made the changes now, which raised a lot of eyebrows. My understanding is that there were little to no consultations that occurred with any experts, any interest groups, [or] any students who would be impacted. Nothing like that,” said Blashko. 

Moreover, the changes in New Brunswick have guided other provinces to take the same actions. Saskatchewan has followed suit, implementing an almost identical policy. Manitoba's Premier has expressed that the desire to have their province want to follow suit as well. 

“I think my general position is just discomfort and disappointment that that's the approach that they– not just New Brunswick– but several different premiers and government seems to be taking,” said Blashko. 

Despite the province's changes to 2SLGBTQIA+ student rights, there are many who are challenging the legality of the policies.  

Blashko shares that in New Brunswick a lawsuit is being issued by the Canadian Civil Liberties Association in opposition to the policy. In Saskatchewan, the same is being done by the UR Pride Centre for Sexuality and Gender Diversity.  

He shared that Saskatchewan could lose the case due to the potentially unconstitutional nature of their policy. However, he also shared that in the face of such a case, the province could refer to the notwithstanding clause.  

The clause allows them to override the violation of the Canadian Charter of Rights and Freedoms. Blashko feared this will create a precedence for this type of lawmaking.  

“If Saskatchewan becomes the first province to invoke the notwithstanding clause as essentially a direct attack on Trans[gender] and Queer human rights. That's certainly a concerning precedent. And if that happens, there's not a lot that can that, you know, people can do to defend against that. It's literally a mechanism to violate rights,” said Blashko.  

Overall, Blashko shared that in the midst of these legal battles, he’s hopeful people all over Canada will show their disapproval of these policies. He hoped that governments and educational entities will step away from these policies and protect the rights of 2SLGBTQIA+ students.