Court sets deadline for interveners in lawsuit challenging N.B. gender-identity policy
Hadeel Ibrahim | CBC News | Posted: November 1, 2023 9:00 AM | Last Updated: November 1, 2023
5 organizations, including teachers' union, already said they want to be heard, more expected
Groups have just about a month to file their motions if they want to be heard in a lawsuit over New Brunswick's school gender-identity policy.
This summer, the province made it mandatory to get parental consent before school staff can use a child's chosen name and pronoun, if they're under 16.
A lawsuit filed by the Canadian Civil Liberties Association alleges the province's new rules violate children's charter and human rights and asks for a judge to quash them.
The province has not filed a statement of defence yet.
Already, five organizations have asked to intervene and add to the arguments: The New Brunswick Teachers' Federation, Ontario-based Egale Canada and local LGBTQ-advocacy groups Alter Acadie, Chroma N.B., and Imprint Youth.
Anyone can ask to intervene, but to be approved, they have to prove they have an interest in the issue or may be adversely affected by the result.
Justice Robert Dysart has set Nov. 30 as the deadline for any further intervener applications. His order said "it is anticipated" that more groups will want to apply.
After that date, court is expected to set a date to hear all intervener applications at once.
Province won't fight CCLA's ability to sue
Before any arguments or interveners are heard, the judge will first have to decide whether the civil liberties association has standing to bring the lawsuit, or if the lawsuit needs to come from people who are directly affected.
The association has had to clear this hurdle once before in New Brunswick court, when it sued the province for allegedly providing inadequate access to abortion services.
That time, the province argued against granting standing to the association, and lost. Justice Tracey DeWare, in that decision, wrote it was unreasonable to challenge the group's standing in that case.
This time around, the province is not fighting the association on standing. In a court hearing last week, government lawyer Steve Hutchison said the province does not feel the need to make arguments or submit evidence on the issue.
Dysart said he will make a decision based on the civil liberties association application and affidavit.
If the judge grants standing, the lawsuit and intervener applications will go ahead. If the judge denies standing, the case would end there, and intervener applications would be moot.
Dysart did not give a specific date for when he will share his decision.