Legal battle over Policy 713 ends between province, education council
3 cases linked to PC government changes to gender identity policy in school system
A legal battle between the New Brunswick government and a Moncton-area school district over a gender identity policy has ended.
The province and the Anglophone East district education council had three related cases working through the courts, stemming from changes the Higgs government made to Policy 713 last year.
Premier Susan Holt came into office this fall pledging to end the legal dispute, which had included a push to dissolve the education council.
While neither side provided interviews this week, the pledge has been fulfilled.
"The Anglophone East School district education council is pleased to announce that all outstanding issues between them and the former provincial government have been amicably resolved in collaboration with the current provincial government," the education council said in a statement issued by spokesperson Stephanie Patterson.
Charles Renshaw, a spokesperson for the province, also said in an email that "all outstanding issues between the parties have been amicably resolved."
In 2023, then-Education minister Bill Hogan changed Policy 713 to require school staff to seek the consent of a parent when a student under the age of 16 wants to use a new name or pronoun informally at school.
The changes prompted public protests and dissent within the Higgs government. The Canadian Civil Liberties Association and Anglophone East both sued, alleging the changes violated the rights of students.
A judge ruled against Anglophone East, which appealed the decision. A case management conference had been scheduled for Monday in the Court of Appeal. However, it was cancelled and the court schedule said a "notice of discontinuance" had been filed, meaning the sides agreed to end the case.
The two other cases were being heard in Moncton's Court of King's Bench.
One case was filed by the Higgs government, which asked a judge to approve dissolving the district education council over allegations it misused education funding for the Charter challenge case.
The other was filed by the education council, challenging the province cutting off its legal spending on the cases.
While the court registry doesn't list any discontinuance yet for those two cases, a spokesperson for the district said that all cases had ended.
In an interview Monday with CBC News, Holt said she wasn't aware of the developments in the cases.
"We're looking to get a new Policy 713 in place immediately, and I believe that new policy will satisfy all of the players," she said.
The government plans to change Policy 713 to a version similar to one recommended by the province's child and youth advocate, Holt said.
Kelly Lamrock recommended last year that in cases where a student informally wants to use another name or pronoun, school staff can do so without parental consent if the student is in Grade 6 or higher.
Lamrock suggested that for younger students, the school principal should consider if the child has capacity to make the decision. The principal could make a plan to help the child connect to their parents, and could consult mental health professionals if in doubt.
Lamrock also recommended school staff encourage communication with a student's parents when possible, that they not question a child's choice if they want to revert to a previous name or pronoun, and that they provide parents with clear information about the policy.
The version of Policy 713 adopted in 2020, the version Hogan implemented, and the one recommended by Lamrock all require parental consent for official name changes on school records for kids under age 16.
Holt said the province will implement a new version of the policy "very soon."
"We've taken the original Policy 713, Kelly's recommendations, we've put them together," she said Monday. "We've sort of cleaned it up a little bit and tightened some language, and I'm hoping to see that this week."
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With files from Pascal Raiche-Nogue and Jacques Poitras