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.
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.
Michael Blashko, Queer Justice Project lead, Hamilton Community Legal Clinic
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.
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
Michael Blashko, Queer Justice Project lead, Hamilton Community Legal Clinic
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.
Legal clinic supports trans individuals in obtaining documentation that properly reflects their name and gender
This is an updated version of the article that was published June 29 in print. The article has been updated to include a statement from Mela Swayze, who volunteers as a peer support worker at the clinic.
The entire purpose of identification documents is to confirm your identity. A lack of proper identification makes it difficult to access basic services including health care; education; secure housing or even the ability to vote.
However, the process of obtaining or updating these documents can be bureaucratically confusing at the best of times, overwhelming and impossible at worst.
Every third Thursday of the month, the Trans ID clinic runs at the Hamilton Community Legal Clinic on Main St. E as part of the Queer Justice Project. The clinic offers support and legal advice for trans-identifying individuals who are beginning or in the process of obtaining documentation that accurately reflects their name and/or gender.
The initiative began in 2018 as a collaboration between the Hamilton Community Legal Clinic, the Compass Community Health and Pro Bono Students of Canada.
Mela Swayze has been with the clinic since the beginning and volunteers as a peer support worker there.
“I was working as the [2SLGBTQIA+] advocate at Compass Community Health and along with other community workers noticed a high demand for support with legal name and gender marker changes. The process is extremely onerous and few people can get through it without support,” explained Swayze in an email statement.
I was working as the [2SLGBTQIA+] advocate at Compass Community Health and along with other community workers noticed a high demand for support with legal name and gender marker changes. The process is extremely onerous and few people can get through it without support.
Mela Swayze, Peer Support Worker, Hamilton Trans ID Clinic in an email statement
At the clinic, folks have the opportunity to meet with a lawyer and a peer support worker to ask questions about the process of completing applications. The clinic also provides notarial services and, in more complex cases, additional legal support.
“People come at all phases [in the process] including never having seen the forms before, to having them somewhat started, to having them complete and simply needing a once over and commissioning. We sometimes see folks once to go over the forms, and once to review and commission,” said Swayze in an email statement.
The clinic is also able to connect folks with other services who may be able to provide financial support during what can be a costly process.
The clinic quietly celebrated their fifth anniversary this year.
While they’ve shifted locations a couple times and operated completely virtually at the of the pandemic, the Trans ID clinic has been a constant in the Hamilton community ever since it opened. Over the years, they’ve held around 50 clinics and helped nearly 300 people.
Over the years, they’ve held around 50 clinics and helped nearly 300 people.
The Trans ID clinic runs from 5:30 to 7:45 p.m. every third Thursday of the month in person at 100 Main St. E., Suite 203 and virtually available. There are limited drop-in spots, and to make an appointment call HCLC at 905-527-4572.
