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N.B. judge rules against school district in challenge to gender-identity policy

N.B. judge rules against school district in challenge to gender-identity policy

CBC
Saturday, July 6, 2024 7:39 AM GMT

A New Brunswick judge has ruled against a Moncton-area school district in its lawsuit against the provincial government that alleged changes to a gender-identity policy violate the rights of students.

Court of King's Bench Chief Justice Tracey DeWare ruled the Anglophone East district education council lacks standing to argue that Policy 713 violates Charter language rights, life and liberty rights and equity rights. 

Standing is a legal term for the ability to bring a case to court. 

"This Court has concluded that none of the Plaintiffs' individually nor collectively have standing, either as of right or public interest standing to advance a claim that the adoption and implementation of Policy 713 infringes their Section 16.1 Charter rights," DeWare says in her 67-page decision issued on Friday. 

The plaintiffs in the case were the education council, chair Harry Doyle and member Dominic Vautour.

Hours after the decision was issued, the province said it had filed paperwork in court asking a judge to dissolve the education council. CBC News has yet to receive a copy of that paperwork.

The judge did not rule on the substance of the education council's allegations, though DeWare wrote she accepts "there exists a serious justiciable issue" regarding the policy's potential impact on gender diverse youth.

The judge ruled that a separate case over Policy 713 filed by the Canadian Civil Liberties Association would instead be a more appropriate means for deciding the questions the council raised. 

"In the present matter, there are realistic and alternative means which favour a more efficient and effective use of judicial resources," DeWare wrote.

Hearings in the civil liberties case took place Thursday and Friday in Burton, outside Fredericton.

In a statement, the education council expressed "shock and disappointment" over the decision. The council did not provide an interview. 

The statement did not directly say if the district education council would seek to appeal the decision but said it will "meet to consider its options."

"Despite this setback, the Anglophone East DEC remains committed to advocating for policies and practices that support all students," the statement said.

"The DEC will continue to explore all available avenues to ensure that schools remain places where every student can thrive without fear of discrimination or exclusion."

Read full story on CBC
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