November hearing set for province's request to dissolve education council

A judge will hear the New Brunswick government's request to dissolve an education council this fall, after the provincial election.

The application to dissolve the Anglophone East district education council (DEC) will be heard in Moncton's Court of King's Bench on Nov. 14.

The application stems from a dispute between the education council overseeing Moncton-area schools and the provincial government over the province's changes to a gender-identity policy last year.

Anglophone East sued the province, alleging changes to Policy 713 violate the rights of students. Education Minister Bill Hogan has called the spending on the case a misuse of education funds. The education council says it hasn't misused funds.

"We were waiting for a date, and we've gotten it, and we look forward to being able to defend ourselves in court and letting the truth be known, " Dominic Vautour, the vice-chair of the education council, said in an interview Tuesday. 

A spokesperson for the provincial government acknowledged a request for comment Tuesday, but has yet to provide a response about the date being set.

The province's application was filed July 5. 

"The DEC continues to expend its resources in an irresponsible manner and is unable to function due to organization difficulties," the application states. 

Last year, the province updated Policy 713 to require that school staff seek the consent of a parent when a student under age 16 wants to use a new name or pronoun informally at school. 

After the province's changes, the education council approved a policy implementing Policy 713 based on one recommended by Child, Youth and Seniors' Advocate Kelly Lamrock. 

The district Policy 1.8 says school staff "shall respect the direction of the student in regard to the name and pronouns they wish to be called in daily interactions with school personnel and other students."

The education council sued the province, alleging implementing Policy 713 could violate the Charter of Rights and Freedoms, the Education Act and the provincial Human Rights Act.

That case was dismissed by a judge July 5, shortly before the province filed its dissolution application. 

The dissolution application described the $408,374.66 in legal fees and disbursements spent on the case as "wasted."

The education council is appealing the decision. No date has been set yet for the appeal to be heard.