School pronoun policies: Where they came from and why some people oppose them | Article

Some say policies violate Charter of Rights and Freedoms

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⭐️HERE’S WHAT YOU NEED TO KNOW⭐️

• Saskatchewan and New Brunswick recently announced new policies in schools around pronouns used by kids.
• The policies require kids under the age of 16 to get parental permission to use different names and pronouns while at school.
• Some parents say it’s their right to know what is going on with their kid.
• Those who oppose the policies say it puts some kids at risk. 
• Read on to find out more. ⬇️ ⬇️ ⬇️

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Should kids have to get permission from their parents before using a different pronoun at school? 

Recently, Saskatchewan and New Brunswick announced new policies that require schools to inform parents if a student under 16 wants their school to use a pronoun that is different from the one assigned to them at birth. 

The policies are, in part, what led to countrywide protests on Sept. 20 where many Canadians spoke out against sexual orientation and gender education in schools. 

Those in support of the policies say parents have a right to know what their kid is going through because the role of the parent should be to provide support and compassion. 

Those in opposition say the policies could put kids from unsupportive homes in harm’s way, and discourage others from exploring their gender at all. 

Students in Saint John, New Brunswick, protested last May when the government first introduced changes to school policies around gender. (Image credit: Mia Urquhart/CBC)

What prompted New Brunswick’s new policy?

In New Brunswick, the provincial rules around sexual orientation and gender identity are called Policy 713. 

Policy 713 was first introduced in 2020 to set minimum standards for New Brunswick schools to provide a safe, welcoming and inclusive environment for LGBTQ+ students. 

Last June, the government announced it had reviewed and updated the policy. 

Education Minister Bill Hogan said Policy 713 was reviewed after consultations from hundreds of New Brunswickers. (Image credit: Radio-Canada)

The latest version requires parental consent for students younger than 16 to use preferred names and pronouns in the classroom and during extra-curricular activities. 

If a student feels uncomfortable speaking to a parent, the policy says students will be encouraged to speak with professionals for support.

In a statement, Education Minister Bill Hogan told CBC Kids News the province’s policy came from consultations with “hundreds of New Brunswickers,” including parents, teachers and students.

“Parents are part of a student’s support team and it’s important they are aware of what is going on in their child’s lives.” 

CBC Kids News asked Hogan if he consulted the larger population of New Brunswickers for their thoughts. 

A representative of Hogan’s responded and said they couldn’t comment on the matter because “it’s before the courts.”

What prompted Saskatchewan’s new policy?

On Aug. 22, the Saskatchewan government announced that all youth under the age of 16 will have to get parental consent to use a different chosen name and pronouns at school.

In court documents, the Saskatchewan government said it was sent letters from residents asking for a policy similar to New Brunswick’s.

In an email to CBC Kids News, a government spokesperson said the policy changes were made following a review of sexual health materials and policies across all Saskatchewan school divisions. 

Saskatchewan Premier Scott Moe says that ‘the default position should never be to keep a child’s information from their parents.’ (Image credit: Kirk Fraser/CBC)

The spokesperon said that the government heard from concerned parents and guardians over the summer from “all across the province,” which led to the policy. 

“The government maintains its position that parents and guardians have a key role in protecting and supporting their children as they grow and develop and will do everything in its power to protect parental rights,” the spokesperson wrote in an email. 

In a written statement from Sept. 28, Premier Scott Moe said that “a majority of Saskatchewan residents” support the policy.

When CBC Kids News asked the government to show the data, a spokesperson said it came from “MLAs (members of the legislative assembly) listening to the people they represent,” which does not clarify the number of people they consulted.

Last week, Regina Court of King’s Bench Justice Michael Megaw said there is no evidence that anyone was consulted. 

“There is no indication … that the [Education] Ministry discussed this new policy with any potential interested parties such as teachers, parents or students,” he wrote.

The Saskatchewan government has said children would be provided with school counselling if they’re worried they won’t receive parental consent.

What those who oppose the policies say 

Those who oppose the policies say they’re harmful for two key reasons.

First, they say some kids don’t feel safe at home expressing questions about their gender, and look at school as a safe space to do so.

The policies require teachers and schools to inform parents, which the critics claim could put certain kids at risk of violence.

Second, some say the policies could discourage kids from exploring their gender at all, which for some kids is critical to their mental health and well-being. 

A 2018 study published in the Journal of Adolescent Health found that if transgender youth are allowed to use their preferred pronouns, suicidal thoughts drop significantly and suicide attempts drop by more than half. 

People who didn’t want to see any changes to Policy 713 gathered in May outside the New Brunswick legislature in Fredericton, the province’s capital city. (Image credit: Isabelle Arseneau/Radio-Canada)

Groups taking legal action against governments

Some organizations have decided to take the governments to court to stop the policies from coming into effect. 

In New Brunswick, the Canadian Civil Liberties Association has filed a legal challenge against the  minister of education and childhood development.

The group wants the court to order the province to produce evidence of why Policy 713 was revised in the first place.

It claims that the updated policy is contrary to the education act and violates “Charter rights to liberty and security of the person, equality rights, and freedom of expression for trans and gender-diverse students.”

A Regina-based non-profit, UR Pride Centre for Sexuality and Gender Diversity, has filed similar legal action and has asked Saskatchewan’s courts to block the policy from coming into effect. 

Demonstrations occurred all over Canada on Sept. 20, including this one at Parliament Hill. Some attended to protest against sexual orientation and gender education, while others showed up to support the new pronoun policies. (Image credit: Justin Tang/The Canadian Press) 

On Sept. 28, Megaw, the court justice in Saskatchewan, ordered the new policy be put on hold. In November, the court will hear arguments for and against the policy. 

“The protection of these youth surpasses that interest expressed by the government,” said Megaw. 

What’s next?

For now, the majority of New Brunswick’s district education councils have passed their own policies that they hope will undo the changes while they pursue legal action.  

In Saskatchewan, the premier says he intends to recall the legisature on Oct. 10 to invoke the notwithstanding clause to override Megaw’s ruling in order to “protect parents’ rights.” 

“The default position should never be to keep a child’s information from their parents,” Moe said. 

The clause allows governments to override certain rights in the Charter of Rights and Freedoms in order to pass laws and prevents a judge from reviewing the law first. 

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With files from: Hadeel Ibrahim, Jason Warrick/CBC, CBC News Saskatchewan