Holt Liberals remove parental consent requirement from Policy 713

The Holt Liberal government has unveiled a new version of Policy 713, restoring the right of all students to choose their own names and pronouns to informally reflect their sexual orientation or gender identity at school.

Parental consent is "encouraged," but no longer required, when a student of any age wants their chosen names and pronouns used informally at school, says the document, which takes effect Jan. 1, 2025.

That consent by parents is still required for formal use of names and pronouns, such as in official school records, by students under the age of 16.

The change amounts to restoring the main thrust of the original Policy 713, but with more encouragement of parental involvement when it does not pose a risk to the student.

"Students are not required to make their parents aware that they wish to informally change their first names or pronouns at school," Education Minister Claire Johnson told reporters.

"However, we encourage parental awareness, always — when it's safe to do."

The changes go farther than the recommendations of child and youth advocate Kelly Lamrock in a report last year.

He concluded the changes by the Blaine Higgs Progressive Conservative government — requiring parental consent for students younger than 16 — violated the Education Act, the provincial Human Rights Act and the Canadian Charter of Rights and Freedoms.

"The parents do not have the right to a state apparatus to force their child to live by their values," Lamrock said in August 2023.

Lamrock recommended that children younger than the Grade 6 level be assessed by a principal for whether they had the capacity to ask that their choices be used informally.

Premier Susan Holt initially promised to implement Lamrock's recommendations but later said her new government would combine the advocate's proposals with the result of its own consultations.

Johnson said the government decided to "move away" from an age threshold because "we feel that a child of any age has the potential to have the capacity to voice their preference."

She also said an age limit might be vulnerable to a legal challenge.

Last year's PC changes to Policy 713 provoked controversy, including within the PC government that first adopted the policy in 2020 and then revised it last year to add the parental consent requirement.