Francophone school districts defy minister, stick with gender identity policies

New Brunswick's three francophone school districts have defied a letter from the province's education minister repealing their gender identity policies and ordering them removed from district websites.

The policies, adopted last September and at odds with the province's Policy 713, remain posted online on the sites for the Francophone South, Francophone Northwest and Francophone Northeast districts.

The three districts adopted identical policies last fall saying that, "regardless" of the Higgs government's changes to Policy 713, students in Grade 6 and above can choose the names and pronouns they want the school to use for official purposes.

The policies say students younger than Grade 6 may do the same, depending on their age, maturity and capacity. 

Those provisions mirror recommendations made last year by child and youth advocate Kelly Lamrock, who said the province's changes to Policy 713 violate the Charter of Rights and Freedoms, the Human Rights Act and the Education Act. 

Those changes include requiring teachers to get parental consent before using the chosen name and pronoun of a child under 16 verbally in the classroom.

On April 22, Hogan wrote to the three districts, along with Anglophone East, pointing out they had defied a March 28 deadline he gave them to modify or repeal their policies.

He said he was repealing their policies and demanded they be taken offline.

No one from the three francophone districts agreed to an interview.

But Francophone South spokesperson Jean-Luc Thériault pointed out in an email statement that the district's policy remains on its website.

He said the DEC "chooses to interpret and apply Policy 713 in a manner consistent with existing constitutional and quasi-constitutional rights, in the best interests and well-being of all our students."

Francophone Northwest spokesperson Alain Sirois confirmed its policy remains in place but would not confirm the existence of Hogan's letter.

No one from the Francophone Northeast district responded to a request from CBC News, but its policy also remains on its website.

Hogan's department provided copies of his letters to all four districts.  

The three francophone district policies say they will interpret Policy 713 "in a way that protects the rights of students to a safe, inclusive, caring and welcoming learning environment" consistent with the Charter and provincial laws.

Another section says officials will not interpret Policy 713 in ways that violate the rights of students under Section 15 of the Charter — its equal rights provision — or discriminate against them, "notably with regard to gender identity or expression."

On April 24, Anglophone East responded to Hogan's letter by adopting a new policy identical to the one Hogan said he was repealing. 

Anglophone East has argued it cannot implement the province's Policy 713 changes as drafted without risking a violation of the Charter, the Education Act and the provincial Human Rights Act.

It adopted a policy that said staff must respect all students' chosen names and pronouns in "daily interactions."

The district is now before the courts seeking an injunction to block Hogan from quashing its policy and from dissolving the district council — something members say he threatened.

The court is set to hear arguments on that June 18-19.