Anglophone East council votes to sue N.B. over school gender-identity policy
If filed separately, this lawsuit would be second to be launched over Policy 713
The Anglophone East district education council has unanimously voted to start a legal charter challenge against New Brunswick's school pronoun policy.
In June, Education Minister Bill Hogan changed Policy 713 to require parental consent before school staff can use a child's chosen name and pronoun, if they're under 16.
Hogan has said parents have a right to decide what pronoun is best for their children and should be able to control what name and pronoun teachers and staff use informally, even if it's against the child's wishes.
On Tuesday, Dominic Vautour, a member of the Anglophone East council, called the policy changes discriminatory and said they have had "catastrophic consequences to our students."
"Since these changes were announced, we heard from our students how much harm, fear, anxiety, and uncertainty this is causing to our LGBTQ community," he said.
"Additionally, it's also causing stress, anxiety and fear to our staff, who are scared to misstep and find themselves in a precarious situation personally and professionally."
The council voted unanimously to start working immediately on a charter challenge of Policy 713, and to seek a "stay of Policy 713 with all haste."
Vautour said he hopes other district education councils join in, but "this can't wait any longer."
Member Kristin Cavoukian said the Anglophone East council has "a duty to protect our students."
"When there is a threat to some of us, it becomes a job for all of us," she said.
"The thing to do is to grab the bull by the horns and do what needs to be done to keep others safe."
Different francophone and anglophone district education councils have sought legal opinions about the policy.
They also have all created their own policies and guidelines about gender identity, some more extensive than others.
Francophone district councils and Anglophone East have passed policies that say parental consent is not required for name and pronoun changes for students in Grade 6 or above, or for "mature minors" under Grade 6.
Hogan's office has sent "corrective action" letters to Anglophone East and South, and all francophone districts, telling councils their policies are contrary to the provincial policy and therefore against the rules.
The policies in francophone districts and Anglophone East remain unchanged.
The Anglophone East council meeting did not discuss legal strategy aside from saying it will focus on the right to equality.
One lawsuit already in motion
Hogan's new policy is already the subject of one lawsuit, filed by the Canadian Civil Liberties Association and supported by several LGBTQ-advocacy organizations and the New Brunswick Teachers' Federation.
That lawsuit alleges the policy violates children's charter and human rights, and teachers' freedom of expression.
Justice Robert Dysart is writing a decision about whether to grant the civil liberties group public-interest standing so it can proceed with the lawsuit.
In a response to a request for an interview, a spokesperson for the Education Department said there would be no comment because the matter is before the courts.
The province hasn't filed a statement of defence in that case.
The changes to Policy 713 have drawn criticism from several groups, including the New Brunswick Association of School Psychologists, which said allowing parents a veto over their children's pronouns could cause mental and physical harm.
The New Brunswick Medical Society has said the changes could harm youth "who are exploring their sexual orientation or gender identity as part of their normal development."
The union representing school psychologists and the teachers' union have both filed separate grievances against the changes.
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