FREDERICTON – The child and youth advocate of New Brunswick, Kelly Lamrock, has released a report stating that changes to the province’s policy on sexual orientation and gender identity in schools violate the Charter rights of children. Lamrock’s report, which is nearly 100 pages long, concludes that the Education Department did not adequately consider the legal implications of its revisions to Policy 713. These revisions, which were made in June, include a requirement for children under 16 to obtain parental consent before changing their preferred first names or pronouns at school.
Lamrock argues that forcing non-binary and transgender students to use names and pronouns they don’t identify with constitutes a violation of their protected rights under the Human Rights Act and the Charter of Rights and Freedoms. While Lamrock acknowledges the important role of parents in their children’s development, he asserts that the government’s changes have caused confusion and created an imbalance between parental rights and children’s autonomy.
Premier Blaine Higgs has defended the policy changes, asserting that parents have the right to know if their children are questioning their gender identity. However, the government’s actions have faced strong backlash, including from within Higgs’s own cabinet and from Prime Minister Justin Trudeau.
Lamrock’s report suggests that the policy changes effectively negate a child’s decision on name and pronoun usage in school until the age of 16, potentially leaving the Department of Education, teachers, and administrators legally vulnerable. The report proposes 24 recommendations to align the policy with the Charter and other laws, including the restoration of language that explicitly prohibits school personnel from disclosing students’ information without their permission.
While the revised policy allows only students aged 16 and older to change their preferred names or pronouns on official school records, Lamrock recommends that younger students should be able to choose how they are informally addressed by teachers and school staff. Lamrock also underscores the concept that parental rights must respect children’s rights and autonomy.
The report has prompted calls for the government to promptly adopt the recommendations. Liberal Leader Susan Holt emphasizes the need for clarity for teachers, parents, and students as the new school year approaches. David Coon, Green leader, applauds the legal framework provided by Lamrock’s recommendations, and Gail Costello of the LGBTQ advocacy group Pride in Education believes it’s time for the premier to trust the professionals and prioritize the well-being of children.