Alberta government mulls policy on how schools address gender-diverse students

Alberta's government is having an "active conversation" about whether school employees should require parents' permission before changing the names or pronouns they use to address students, the education minister says.

Minister Demetrios Nicolaides said parent concerns and inconsistent policies across the province have sparked the discussion about whether to introduce optional guidance or binding rules.

"There's concerns as well, I know, from school boards and school divisions," Nicolaides said at the legislature on Tuesday. "We had, of course, that million march for kids. So there's concerns just generally about the topic, so I think it's something that's important for government to examine."

The internal discussions come weeks after members attending the United Conservative Party annual general meeting in Calgary voted in favour of a non-binding motion pushing the government to require school staff to seek a parent's permission when a student wishes to be addressed by a different name or pronoun.

A policy change earlier this year in New Brunswick requiring such parent permission for name changes prompted public protests and dissent within the ruling Progressive Conservative party.

Saskatchewan's premier is using the notwithstanding clause to guard similar legislation the Saskatchewan Party government tabled earlier this year.

The province's Parents' Bill of Rights prompted a court challenge from the University of Regina Pride Centre for Sexuality and Gender Diversity.

The notwithstanding clause allows a government to override certain sections of the Canadian Charter of Rights and Freedoms that deal with fundamental freedoms, legal rights and equality rights, for five-year terms. Once invoked, the notwithstanding clause prevents any judicial review of the legislation in question. After five years, the clause ceases to have any effect unless it is re-enacted.

Alberta policy variance

In Alberta, school boards, charters and independent schools set policies about how to handle requests from gender-diverse students.

CBC News reviewed some of those policies earlier this year and found variation across the province. Calgary Catholic Schools requires parental permission to change a student's name, but is silent on pronouns.

Some other divisions explicitly say students decide how they are addressed. Other boards' policies and procedures are silent on the matter.

"There's a lot of variance," Nicolaides said. "So, does the government need to provide some more guidelines?"

Nicolaides said he is also examining changes to schools' requirements to inform parents and guardians about sex education or religion lessons.

Alberta's Education Act requires schools to tell parents when instruction will deal with religion or human sexuality.

On Tuesday, Nicolaides said there is inconsistency in how parents are notified. He said parents may not know they have the ability to opt their children out of those lessons if they wish.

He said the government hasn't decided whether it will issue guidelines or amend the Education Act to change the requirements.

'A solution looking for a problem that doesn't exist'

Kristopher Wells, an associate professor at MacEwan University and Canada Research Chair for the public understanding of sexual and gender minority youth, said it could be daunting for the Alberta government to bring a name and pronoun policy into law because Saskatchewan's experience shows the province would likely have to use the notwithstanding clause.

He said if parents are concerned about what's happening in their child's school, their best recourse is to get involved with school councils.

"We've certainly heard from 2SLGBTQ students who feel under threat. Feel that their government doesn't support them, and feel anxious and unsafe in their schools, wondering if their identities and confidentiality is going to be respected," Wells said.

"This is a solution looking for a problem that doesn't exist."

NDP education critic Rakhi Pancholi said she's disturbed, but not surprised, that the government is looking at a provincial policy on gender-diverse students' names and pronouns.

"Children's right to feel safe and welcome at school should not be up for discussion," Pancholi said in a Monday interview.

She said the government is pandering to a far-right base of the party that showed up in droves at the UCP's AGM to vote on policies and elect board members.

Pancholi said it's a move by the premier to hang on to power after the grassroots group Take Back Alberta and its leader, David Parker, claimed to successfully push former Premier Jason Kenney out as UCP leader.

"We knew it was going to be a matter of time before Danielle Smith had to make good on her promises to them and bring forward something, at some point, that is actually going to make it less safe for kids to be in school."