CCLA lawsuit asks court to quash new parental consent requirement in N.B.'s Policy 713
CBC
The Canadian Civil Liberties Association has filed the first lawsuit against New Brunswick's changes to school gender-identity policy.
The suit follows Education Minister Bill Hogan's decision in June to change Policy 713 to make it mandatory for staff to get parental consent before using the chosen names and pronouns of children under 16.
Hogan 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 in verbal communication, regardless of the child's wishes.
He said if teachers grant a child's request for a specific name and pronoun, and the parents complain, then the teacher could face disciplinary action.
In court filings this week, the civil liberties group asks that a judge review and quash these specific changes and declare they violate LGBTQ children's charter and human rights.
The association also asks that a judge order the province to rewrite the policy and declare that it can't forbid the use of a child's chosen name or pronoun without parental consent.
"The rules require that teachers and school staff participate in the misgendering or deadnaming of students for indeterminate periods of time, even when this approach is against the advice of school social workers and psychologists," the lawsuit says.
"The changes to Policy 713 were made following a flawed and unfair process by a Minister who exhibited a 'closed mind' and a reasonable apprehension of bias."
The allegations have not been tested in court, and the province hasn't filed a statement of defence.
The filing made on Wednesday is the first step in a lengthy legal process. The CCLA, as a group that's not directly affected, also has to prove that it has "public interest standing," on top of proving the main allegations.
No date has been set yet for a hearing, according to the Fredericton Court of King's Bench.
Francophone and Anglophone district education councils have previously hired two different lawyers for a legal opinion on how they can sue the province for the changes.
New Brunswick was the first province to bring up the topic of self-identification in school. Since then, Saskatchewan has brought in a similar policy, and it's also being sued for it.
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