Civil liberties group concerned about 'domino effect' of LGBTQ-protection policy review

The Canadian Civil Liberties Association says it's concerned about the fallout of New Brunswick's review of a policy protecting LGBTQ students and would consider legal action, depending on the result.

The results of the review of Policy 713, which outlines minimum requirements for a safe environment for LGBTQ students, will be announced Thursday at a 9:15 a.m. news conference, which will be livestreamed by CBC News.

Harini Sivalangam, director of equality programs at the association, said they are especially concerned because of the rise of anti-LGBTQ and anti-trans sentiment in the country.

"We're also concerned about the domino effect that this may have across other jurisdictions," she said. "These policies were developed in consultation with stakeholders, and unilaterally making any changes to them is deeply concerning."

Sivalangam said many provinces have almost identical policies to New Brunswick's. The move to review such a policy is unprecedented in Canada, she said, but has been seen in the United States.

"We don't see any governments trying to alter a policy that is working and is meeting the needs of students and school communities, which are trying to provide an inclusive space."

In Quebec, a group of parents, teachers and activists sent a letter to Quebec's minister of education asking him to take the same step as Higgs. They're asking to make it mandatory for teachers to tell parents if a child changes their name, pronoun or gender presentation.  

In Prince Edward Island, flyers have been popping up in people's mailboxes and windshields urging parents to keep their children out of school to protest LGBTQ-protection policies. 

What's under review

Two of the sections under review affirm students' rights to choose extracurricular activities and use washrooms that align with their gender identity.

A third says a principal must get the consent of a child under 16 before contacting parents to get their permission to make a name change official on school records. 

Premier Blaine Higgs and Education Minister Bill Hogan have both said the rights of LGBTQ children will not be rolled back.

Concerns 'echo the claims' of anti-LGBTQ groups

The New Brunswick Women's Council has called on the province to suspend the review partly because the concerns cited are similar to those shared by transphobic and anti-LGBTQ groups.

Premier Higgs has said it's inappropriate for children in younger grades to be exposed to drag storytime. The policy does not address drag events and curriculum, and it's not clear if any school has ever had drag events as part of class.

Hogan has also said one of the concerns driving the review is "the rights of female students and whether or not they're comfortable going into a washroom with a biological male."

The right to use the washroom that matches a person's gender identity has been protected by both the federal and provincial Human Rights Act since 2017. 

Hogan began reviewing Policy 713 on April 21, suspending funding to training sessions and preventing department staff from giving presentations about it.

On May 5, a group of protesters appeared outside a New Brunswick Teachers' Association career-day event, holding signs calling educators "perverts" and sharing debunked conspiracy theories about children using litter boxes in schools. That's when the province confirmed it is reviewing the policy because of "misinterpretations and concerns."

When Child and Youth Advocate Kelly Lamrock asked the province to provide all correspondence that shows these concerns, he received copies of three emails. All three contain anti-LGBTQ sentiment, with one calling LGBTQ education "marxist ideology," and another denying that trans people exist and mentioning debunked conspiracy theories.

Sivalangam said hate against LGBTQ people has been on the rise. Just this week, the federal government announced $1.5 million for pride organizations to increase their security during events.

Protecting children from abuse

Gail Costello of Pride in Education helped implement the policy. She was a teacher for 30 years and said she's seen children kicked out of their homes, living on park benches and abused because their parents found out they were queer. She said this is why the policy says the school should check with the child before involving parents in the conversation.

Higgs cited "rights of parents to know" if their child is using a different name and pronoun in school. When asked if that means even homophobic parents, he said "I'm not distinguishing one parent from another." 

The premier has also said he's questioning whether allowing transgender girls to play on girls' sports teams would affect "fairness" for non-trans players. The New Brunswick Interscholastic Athletics Association, which represents all school sports, has previously said there have been no concerns about fairness, and it's received zero complaints about trans kids in the last decade.