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.
From the creator of Mixed in Hamilton, Fruit Salad Hamilton is creating space for queer folk all year round
Community forms a core part of many of our support systems. It’s the places and the people who make us feel seen and welcome. It’s the places and the people where we feel we can be our authentic selves.
However, often times these spaces can be difficult to find. Sarah Barnhart has made it her job to create such spaces and help people to find their community, first with her work on Mixed in Hamilton and now with Fruit Salad Hamilton.
Inspired by an event she attended in Montreal, Barnhart started Fruit Salad Hamilton in 2021 looking to create more spaces for the lesbian, femme and gender non-conforming folks in Hamilton.
"Hamilton has a massive queer community and also a lot of people, especially women and femmes found themselves coming out in the pandemic and then really having no idea how to make friends, meet community [or] where to go. And then this space was available so I’ve had lots of people come and sort of say this is my first queer event, I just came out in the pandemic . . . and now there’s this space where I can do that and people who are also kind of in the same situation and build community,” explained Barnhart.
Through Fruit Salad, Barnhart has largely been organizing dance parties, including the city’s first queer prom. So far, the reception has been overwhelming positive. The happiness and excitement from the community is apparent in all the photos from the events.
"It makes me really emotional to see people experiencing queer joy . . . There’s just a lot of happiness and kind of euphoria around being allowed and welcomed into community and I’m hoping to [continue to] create that space for other people,” Barnhart said.
It makes me really emotional to see people experiencing queer joy . . . There’s just a lot of happiness and kind of euphoria around being allowed and welcomed into community and I’m hoping to [continue to] create that space for other people.
Sarah Barnhart, Founder of Fruit Salad Hamilton
Fostering this feeling is at the heart of Barnhart’s work. It’s important to her everyone feels welcome and seen in the spaces she’s creating, from people who questioning or still figuring out their identy to those who’ve known who they are forever and everyone in between.
“I’m hoping that they can see themselves represented. There’s not only one way to identify as queer or gay or lesbian or whatever the way you identify. I’m hoping that people like walk away with a sense of community . . . that’s the thing I hope people find the most is like a sense of belonging, community [and] connection,” explained Barnhart.
Barnhart also encouraged students consider coming out to future events.
"Especially if you’re new to your post-secondary education, maybe you’re newly out, maybe you’ve left home and now you have this opportunity to explore your identity [and] I think that’s a perfect reason to come out to an event.”
Going forward, Barnhart is hoping to also expand into doing more low key events, such as poetry readings.
"[I want to] have more events that out-side of just the dance party vibe because that isn’t for everyone . . . I love that we keep being able to create spaces for people to be queer all year,” said Barnhart.
Exactly one year ago, I wrote an article on the minds behind HashtagAdamandSteve, Adam George and Steven Hilliard. Over this year, I have had the pleasure to hang out with the duo at their various events across the city. From Taco Belles at The Mule to hosting RuPaul’s Drag Race contestants at Absinthe, you’re always guaranteed a good time at an Adam and Steve event.
Within the past year, George and Hilliard have gone from planning two queer-focused events per month in Hamilton, to five or six events per month. One of their key events have included a show with Thorgy Thor in February 2019, marking the first Ru-girl within the city; the fourth annual Drag Wars; the first Hamilton Pride party at Absinthe; and the first all-Hamilton drag showcase, Hamilton Is A Drag.
“When we first sat down with [the Silhouette], we were bringing really awesome friends of ours from Toronto that were drag performers because there really wasn’t any that were well known in Hamilton . . . and now there is,” said Hilliard.
The rise in popularity for Hamilton-based drag was a big deal for the pair. Their events provide opportunities for local Hamilton drag kings and queens to perform within their own city, instead of having to travel elsewhere to find a gig.
Although my previous article referred to George and Hilliard as queer event planners, the duo hasn’t used this term for a while.
“I feel like as we’ve grown, we take [advocacy] more seriously in knowing that we have a responsibility to do it right,” said George.
George and Hilliard have turned their focus towards filling Hamilton with safer spaces for the queer community.
“For a long time, the idea of a safe space was like a bad word to some people. They thought going to a safe space was them hiding away from other people. I don’t think it feels like that anymore, because people are realizing that those spaces can exist and still be fun, open and not isolated,” said Hilliard.
Hilliard went on to explain that many of the city’s bars are opening up to the idea of becoming safe, queer-positive spaces. George and Hilliard did not expect this reaction from local businesses.They recalled a time when it was hard to get owners to host their queer events. Now they’ve partnered with approximately seven spaces across Hamilton including Absinthe, The Mule, and Arcade, to name a few.
This change in focus led the duo to remove “event planning/party specialists” from their logo, as they felt those words did not fit their mission any longer.
“Adam and Steve, I think as a concept, has evolved a bit more because we’re not just doing parties. Now, we’re part of the City of Hamilton,” said George.
George and Hilliard have partnered with Tourism Hamilton to sell their “Keeping Hamilton Queer” shirts with proceeds going to the Hamilton Aids Network. The pair believe that it is important to give back to the queer community, especially since they hold a highly regarded platform not just within the community, but also in the greater Hamilton area.
They also were asked to speak at a training event for city staff in which George, Hilliard and others who formed a diversity panel, discussed how to make Hamilton a more inclusive city. George and Hilliard recognize that they do not speak for the entire queer community, but due to the platform they have ammased, they want to raise up other people’s voices.
“As soon as we were asked [to speak at the event] we said very clearly to the organizer that we just wanted to be clear that we don’t speak for the entire community. We’re just one perspective and one voice in a very large [community] with our own experience. We would never pretend to [speak for them] because everyone has a different lived experience,” said Hilliard.
“As soon as we were asked [to speak at the event] we said very clearly to the organizer that we just wanted to be clear that we don’t speak for the entire community. We’re just one perspective and one voice in a very large [community] with our own experience. We would never pretend to [speak for them] because everyone has a different lived experience,” said Hilliard.
The future is bright for George and Hilliard. Due to the number of events they host, they have decided to change their name from HashtagAdamandSteve to the House of Adam and Steve. In addition, they plan to launch a new website to make learning about the Hamilton drag scene more accessible. The duo will also be hosting events in direct partnership with Tourism Hamilton.
On a more familiar note, George and Hilliard will be hosting their next Ru-girl, Detox, on March 7 at Absinthe, and will be starting their newest series, Dirty Drag Bingo with Karma Kameleon at Odds Bar (164 James St. South).
“Our parties might not be for everyone, but the point is that they’re for anyone,” said George.
The door to the House of Adam and Steve is now open for all those who are looking for a home.
This article is part of our Sex and the Steel City, our annual sex-positive issue. Click here to read more content from the special issue.
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