Policy 713

Policy 713, also called the Sexual Orientation and Gender Identity policy, is an education policy serving the province of New Brunswick, Canada, that sets minimum requirements for public schools and districts in the province to ensure a safe educational environment for individuals identifying and perceived as LGBTQIA2S+.

Policy 713
Legislative Assembly of New Brunswick
  • Sexual Orientation and Gender Identity
CitationPolicy 713
Territorial extentNew Brunswick, Canada
EnactedAugust 17, 2020
Administered byDepartment of Education and Early Childhood Development
Summary
Ensures a safe educational environment for LGBT students in public schools

The policy, established under the province's Department of Education and Early Childhood Development, requires school personnel to respect students' pronouns and chosen names, requires each school to have at least one gender-neutral bathroom, and requires schools to provide professional learning opportunities for school personnel to understand and support the needs of LGBTQIA2S+ students. The policy also ensures that the establishment of a Gender-Sexuality Alliance club and any events or activities organized by such a club will be supported by school personnel and principals, with parental consent not being a requirement to join.

In May 2023, the policy was subject to controversy after the government announced it was being placed under review. The review has changed Policy 713 to forbid teachers in New Brunswick from using the preferred pronouns of students under the age of 16 without the consent of the student’s parents. The review has also removed any mentions of allowing students to participate in extracurricular activities that match their gender identity, including sports.

Description

As it was enacted, Policy 713 required school personnel in New Brunswick to use students' pronouns and chosen names without parental consent,[1] required gender-neutral bathrooms to be included in public schools,[1][2] and required schools to provide professional learning opportunities for school personnel to understand and support the needs of LGBTQI2S+ students. Policy 713 also ensured that the establishment of a Gender-Sexuality Alliance club and any events or activities organized by such a club will be supported by school personnel and principals, with parental consent not being a requirement to join.[3]

Enactment

The original version of Policy 713 was enacted on August 17, 2020, by the New Brunswick Department of Education and Early Childhood Development,[3] aligning with the Canadian Charter of Rights and the New Brunswick Human Rights Act.[4] In May 2023, a several week-long review led by Premier Blaine Higgs and the provincial government, including the same department that initially enacted it ensued, resulting in a revised version of the policy replacing the original version being announced on June 8, 2023.[5]

2023 review
A student holds a sign reading "Blaine Higgs, do better" at a rally

In May 2023, the Department of Education and Early Childhood Development under the Higgs government revealed that it was putting Policy 713 under review due to “concerns and misunderstandings of its implementation”[6] as well as “hundreds of complaints from parents and teachers,” as later claimed by department minister Bill Hogan, who, despite this claim, failed to provide evidence.[7] According to an investigation published by New Brunswick Child, Youth and Seniors’ Advocate Kelly Lamrock, the Office of the Child and Youth Advocate has discovered no written complaints about the Policy made by teachers or students.[8] Lamrock also noted that he was only shown four emails by the department containing complaints made by parents regarding the situation: one from the father of a trans child, who mentioned wanting the policy strengthened, and three that, according to Lamrock, lacked credibility.[9] The emails, included in Lamrock’s report, included an accusation of the school curriculum dealing with racism being Marxist and “racist Critical Race Theory” in one email, as well as mention of the litter boxes in schools hoax and the request for the government to “help make NB great again” in another.[8]

Another reason for the review of this policy, as later stated by Higgs on May 16, was that parents “deserve to be aware if their child goes by a different name or pronouns in school, even if the child hasn’t come out to them.” Higgs also considered it problematic for a child to “purposely” hide their identity, in response to the policy, according to Higgs, allowing an individual under the age of 16 to go by a new name without parental knowledge.[10] The province had received no written complaints from parents about being left in the dark about their children's preferred pronouns, as later revealed from a freedom of information request filed by a University of New Brunswick professor.[11][12]

During the policy review, Higgs additionally cited his concern regarding the fairness of transgender athletes in sporting teams, particularly in women’s hockey, as another reason for reviewing the policy. In response, however, Andy Clark, president of the New Brunswick Interscholastic Athletic Association, pointed out that not a single complaint had been made by students, parents, or any individual regarding fairness for cisgender students in the eight years since the implementation of a trans-inclusive policy.[13]

Public disclosure of this review occurred after a sexual orientation and gender identity learning session for teachers, which Hogan distanced the department from in a media statement.[14] According to Connie Keating, the president of the New Brunswick Teachers' Association, protesters gathered at one of the session locations as a result of misinformation spread on social media.[15] Among them were 15 – 20 protesters who carried signs displaying messages such as "shame on teachers" and "perverts in education".[16] Subsequently, Hogan denied any departmental involvement with the session and redirected inquiries to the New Brunswick Teachers' Association.[6]

Hogan initially did not give any reason for the review under questioning by the Liberal and Green parties in the legislature, including Liberal MLA Francine Landry, who questioned the need for a policy so recently established to be put under review.[17]

Revision

On June 8, 2023, Policy 713 was revised by Hogan and was announced to become effective starting July 1. His department updated three of the policy's sections: Self-identification, Sports Participation and Universal Spaces. Under Self-identification, two parts were adjusted. In Section 6.3.1, students ages 16 and above who identify as transgender or non-binary will engage in consultations with school officials, allowing for them to use their preferred name and pronouns. Section 6.3.2 adds that parental consent will be required for students under 16 to keep records of their preferred name, with further support being provided in cases where parental consent is inaccessible.[18] This change forbids New Brunswick teachers from using students' preferred pronouns if they are under 16 years of age, without parental consent.[19] Under Sports Participation, Section 6.1.5 was clarified to ensure that all students can "participate in curricular, co-curricular, and extracurricular activities that are safe and welcoming." Minister Hogan reaffirmed the New Brunswick Interscholastic Athletic Association's role in overseeing provincial high school sports.[18] This, however, also removes mentions of allowing students to participate in extracurricular activities, including sports, that match their gender identity.[19] Under Universal Spaces, Section 6.4.3 was added to establish the provision of private universal changing spaces within all schools.[18]

In mid-June, enough Progressive Conservative broke ranks with the Premier to join the opposition on a successful vote to refer the changes to the province's child and youth advocate, Kelly Lamrock.[20]

On August 15, 2023, Lamrock's office released a report finding that the policy changes violated children's charter rights by forcing them to use a name they did not identify with and that the Education Department had not seriously considered the legal implications.[21] Lamrock's report found that while it was not bigoted for parents to want to know about major changes involving their child and that parents had a right to try and teach their values to their children, they did not have a right for the state to enforce those values. Lamrock also found that it was not extreme for children to want privacy and autonomy. Lamrock recommended keeping the policy in place for formal documents for those younger than 16, but recommended that schools develop action plans for how to deal with the needs of those younger than 16 for how they want to informally be addressed as. Lamrock also recommended the restoration of language explicitly disallowing outing of children to parents and allowing children to participate in the activities that align with their gender identity.[20] On August 23, 2023, the government of New Brunswick announced that "clarifications" will be made to the policy,[22] although they "stand by the changes [they] made to Policy 713", as stated by Hogan.[23] The clarifications made allowed the use of students' preferred names and pronouns without parental consent by "school professionals", including psychologists and social workers.[24]

Within New Brunswick
Students holding signs at a rally at the Quispamsis Town Hall

In light of the review of Policy 713, concerns were voiced by both the New Brunswick Human Rights Commission as well as Gail Costello, who contributed to the policy's creation along with Pride in Education. Costello criticized the review as "dangerous" and asserted that "the Education Department should not allow a small group of critics to dictate government decisions". Additionally, Kristin Cavoukian from the Anglophone East School District's council described it as a "bewildering announcement", drawing similarity to LGBT rights in the United States. Cavoukian said, "we'll never know, because they'll never show us the emails that they have supposedly received," in reference to the government's claim that the review was triggered by parental concerns.[25] A parent of a transgender high school student argued that the policy allows students "a public setting where they are affirmed as the gender they are and they don’t have to hide."[26] Former Minister of Education Dominic Cardy shared his belief that Premier Higgs personally ordered the policy to be reviewed, driven by a desire to put restrictions on sex education.[27] The policy's change has also met opposition from 26 University of New Brunswick faculty of arts professors, who, in a statement, requested for the government to revert the policy's changes.[28]

David Coon, leader of the Green Party of New Brunswick, said "schools must continue to be safe and affirming spaces" in a statement issued in response to the review.[15]

Former chairman of the Anglophone South School District, Rob Fowler, opposed the review, expressing his belief that the education minister was "abandoning vulnerable students and staff". Fowler also cast doubt on whether the government had received such a large number of complaints so soon after the policy's enactment.[29]

Kelly Lamrock, New Brunswick’s child and youth advocate, characterized the review as "shoddy and inadvertently discriminatory".[19]

Outside of New Brunswick

On June 8, during a Pride event in Toronto, Ontario, Canadian Prime Minister Justin Trudeau publicly condemned the Higgs government's changes made to the Policy, saying "trans kids need to feel safe, not targeted by politicians".[30][31] In response, leader of the Opposition Conservative Party Pierre Poilievre said that "The prime minister has no business in decisions that should rest with provinces and parents" and called the issue a "provincial policy."[32]

The Canadian Civil Liberties Association has threatened the premier with a lawsuit, calling the review "unlawful and unconstitutional".[19] Following the clarification announced on August 23, 2023, the association stood by their previous statement.[33] On September 6, 2023, the association filed a lawsuit against the provincial government of New Brunswick, requesting a court order to remove the Policy's self-identification changes, as well as requesting a court declaration that the Policy's revisions violate the Canadian Charter of Rights and Freedoms and New Brunswick's human rights and education acts.[34]

British Columbian conservative Christian group, Action4Canada, called the review a "heroic decision" and a test case.[19] Based on a May 2023 poll conducted by conservative think tank SecondStreet.org and collected by Leger, out of 1,523 Canadians over the age of 18 surveyed,[35] 57 percent of respondents believe that schools should be obligated to tell parents about their child's intentions on changing their gender/pronouns, while 18 percent believe schools should not be required to disclose that information. Additionally 25 percent of participants selected "I don't know" as their response.[36] In a nationwide survey conducted by Research Co. in July 2023, out of 1,000 Canadian adults surveyed, 49% thought it should be mandatory for teachers to address students aged 16 and under using their preferred pronouns or names without having to inform their parents. Support for this practice is highest among those surveyed aged 18-to-34 (59%).[37] Ontario's education minister Stephen Lecce stated his belief that "parents should know if their children choose to change their name or pronouns at school".[38]

An Angus Reid poll from August 2023 found that out of 3,016 Canadian adults who are members of the Angus Reid Forum, only 14 percent of Canadians said that parents should have no role in the decision, 78 percent said that parents need to always be informed by the school if a child wants to change their pronouns or gender, but only 43 percent said that the parents must also give consent to the change. Support for the latter is higher (48 percent) with parents who have children under 18 themselves. A majority of supporters of all political parties requires parents to always get informed, but support for mandatory parental consents differs considerably between supporters of different parties, being highest with CPC voters and lowest with NDP voters.[39][40]

Protests
A student holding a sign reading "Trans rights are human rights!" at a rally in Quispamsis

Amid the attention garnered by Policy 713's review, protests and rallies have been carried out by students and advocates. Additionally, multiple school district councils have implemented their own policies to reverse the policy's changes in response to the review.[41]

High school students have initiated multiple rallies beginning on May 15, 2023, when a protest was held at King's Square in the city of Saint John. Hundreds of attendees, mostly high-school students from the Saint John, Harbour View, St. Malachy's Memorial, and Simonds high schools, gathered to protest the review.[42][43] On May 17, another protest was carried out by about 60 Riverview High School students.[44] On May 19, hundreds of students from Kennebecasis Valley High School and Rothesay High School staged a walkout and rally at the Quispamsis town hall in support of the policy and to further protest against the review.[45][46]

Apart from student-organized rallies, on May 13, 2023, a rally was held at the New Brunswick legislature, attracting around 350 protesters demonstrating their dissatisfaction with the policy review.[2] Additionally, a small rally was held in Sackville on June 16, 2023.[47]

Similar legislation

Following the change to Policy 713 in New Brunswick, Saskatchewan followed suit and implemented a similar policy in its schools.[48][49][50] In response, a non-binary high school student in New Brunswick expressed concern about a potential "chain reaction" occurring across Canada, as indicated by increasing consideration by other provinces to do the same.[51]

Heather Stefanson, Manitoba's premier and Progressive Conservative leader, pledged to "formalize and enhance rights for parents and guardians" if re-elected, after previously stating that "parents know what is in the best interest of their children".[52]

See also

References
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