FREDERICTON – New Brunswick is maintaining the central elements of its policy on sexual orientation and gender identity in schools despite a report saying the policy violates the Charter rights of children.
Education Minister Bill Hogan told reporters Wednesday his government tweaked Policy 713 to give it clarity, following last week’s critical report by the child and youth advocate.
The province made threechanges to the policy in June, one of which requires children under 16 to have parental consent before they can officially change their preferred first names or pronouns at school. The changes sparked widespread criticism, including from Prime Minister Justin Trudeau.
Child and youth advocate Kelly Lamrock said last week that forcing nonbinary and transgender students to use a name they don’t identify with is a violation of their Charter rights.
In response, Hogan said Wednesday that school professionals, such as psychologists and social workers, will now be permitted to use the preferred names and pronouns of children under 16 without parental consent.
“Professionals such as guidance counsellors, psychologists, and social workers can use preferred names when supporting students under 16,” he said.
However, Hogan said the use of names in classrooms will be considered “formal” and teachers will not be given the same latitude when addressing students. The policy changes made in June will continue for teachers, who will not be allowed to use the preferred names and pronouns of kids under 16 without parental consent, he said.
The classroom is considered a “public forum,” while talking to a counsellor is considered private, the education minister added.
The policy changes introduced in June said if a student refuses to let their school obtain parental consent about their name- or pronoun-change requests, “the student will be directed to the appropriate professional to work with them in the development of (a) plan to speak with their parents if and when they are ready to do so.”
Hogan said Wednesday that students will now be “encouraged, rather than directed” to speak with a professional, such as a guidance counsellor or psychologist.
The minister said the government’s changes to Policy 713 address “all of the concerns that Lamrock brought up.”