New Brunswick school district takes province to court over gender identity policy

FREDERICTON — A New Brunswick school district has gone to court to prevent the government from forcing it to apply the province’s policy on gender identity for students.

Anglophone East School District says in a preliminary motion filed this week that changes to the policy, which came into effect in July, violate the Charter of Rights and Freedoms, the Constitution, as well as the province’s Human Rights Act and Education Act.

Policy 713 requires parents’ consent before teachers can use the preferred name or pronouns for transgender or nonbinary students under 16 years old.

“The singling out of gender diverse youth for such differential and disadvantaged treatment sends a strong and sinister message that it is permissible to discriminate against individuals on the basis of gender identity and gender expression,” the district says in the preliminary motion.

Anglophone East says Education Minister Bill Hogan has threatened to dissolve school districts if they don’t adhere to the policy.

However, the district says that to minimize harm to LGBTQ students, it has chosen to allow children under 16 to be referred to by their preferred names and pronouns without parental approval.

Policy 713 has received widespread criticism from advocates for LGBTQ students, while Premier Blaine Higgs has said parents must be informed if their children are questioning their gender identity.

The allegations have not been tested in court and Hogan did not immediately return a request for comment. 

The original version of Policy 713, drafted in 2020, did not require teachers to get parental consent before a child under 16 could be referred to by their preferred name or pronoun.

In September, the Canadian Civil Liberties Association filed a court action seeking to overturn key aspects of the new policy. It argued that the original rules were consistent with pediatric and education guidelines. A failure to affirm an LGBTQ+ student’s identity can lead to negative educational and health outcomes, including increased risk of depression, anxiety, eating disorders, self-harm and suicide, the association said in its court application.

Anglophone East’s court filing says the district will apply for an injunction to prevent the provincial government from forcing it to apply the changes to Policy 713. It says it will also apply for an injunction to prevent the government from dissolving the district for its decision to allow students under 16 to use their preferred names and pronouns without parental consent.

This report by The Canadian Press was first published April 5, 2024.

The Canadian Press