Swift reaction to education policy changes in Saskatchewan

People across Saskatchewan are reacting to the newest provincial policy changes for students heading back to school in the fall.

Saskatchewan is changing policies on students changing names and pronouns, requiring the children under the age of 16 to get parental or guardian consent.

Julian Wotherspoon, the executive director of Planned Parenthood Regina, said her initial reaction was “disappointed but not surprised.”

“It’s an overstep by the government,” Wotherspoon said Tuesday. “It’s an overstep in a number of ways, but in particular, it’s an overstep that’s going to make school a less safe place for both students and educators in the fall when everybody’s back to school.”

Education Minister Dustin Duncan said schools must now seek parental permission for name or pronoun changes if the students are under the age of 16.

Parents also must now give permission for their kids to learn about the school’s sexual health curriculum.

Wotherspoon spoke from her own experience being a mother and how “instrumental” it is for kids to be able to express themselves in a safe space. She said the roadblocks coming with these new policies could detract from their education in general.

“I imagine there are a lot of students who are entering school in the fall who were maybe hopeful that they could have a space where they could talk about their gender or identity with others (and) who are now realizing that school is not that place for them,” she said.

In a video shared on social media, Saskatchewan Teachers’ Federation president Samantha Becotte called the policy changes “outdated.”

She encouraged teachers, students and parents to reach out to their MLAs to express their disappointment with what she termed “a significant overstep” by the government that politicizes classrooms.

“Every day, teachers work tirelessly to create inclusive learning environments where all students feel welcomed and safe,” Becotte said. “However, this policy not only handcuffs teachers’ ability to build trust, it also dangerously threatens the safety and well-being of Saskatchewan students.”

Eric Bell is a founder of Queen City for All, an advocacy organization that promotes inclusion. He says gender diverse children already have higher rates of self-harm and this decision by the provincial government may affect that.

“It takes away sort of that maybe safe base that the child or kid has at school where they feel like maybe they could be a little more their true selves,” Bell said.

Bell said not all parents are supportive of their children in similar situations and the policy change means kids could lose a place — their school — where they can get support.

“A kid who is struggling with their gender identity has to be thrown into a situation all of a sudden where they don’t have any safe space to turn is incredibly harmful,” Bell said.

Asked for a reaction to the announcement, the Saskatchewan Federation of Labour issued a terse one-sentence statement it attributed to president Lori Johb: “Outing children as part of a political gamble is violent and despicable.”

The Canadian Civil Liberties Association also weighed in, saying the new policy “violates the rights and dignity of 2SLGBTQIA+ young people” and will make it more dangerous to be an 2SLGBTQIA+ student in the province.

“We have seen all too often what happens when students are outed at home. Some unsupportive families have kicked their kids out of the house or resorted to physical violence,” Harini Sivalingam, the director of the CCLA’s equality program, said in a statement.

“Shredding the rights of students is repulsive. Implementing policy that could result in increased harm to vulnerable youth is disgraceful.”

The CCLA noted it would take legal measures to protect the students’ rights.

During a media conference Tuesday, Duncan couldn’t confirm whether any transgender people had been consulted — something that did not surprise Wotherspoon.

“It’s par for the course that there was no consultation for the trans community, and I think if they wanted to do that consultation, there are a lot of spectacularly knowledgeable trans, non-binary, queer people in education who are able to give that sort of consultation and that knowledge,” she said.

Moving forward, the Ministry of Education will only allow teachers to present sexual education, limiting all third-party groups teaching in schools. Wotherspoon was all for that, but has also heard teachers’ concerns.

“I actually agree with the minister that it should be teachers delivering this content in schools,” said Wotherspoon. “But what Planned Parenthood is consistently hearing from educators is they just don’t have the tools, they don’t have the training, and they don’t have the comfort level with that material to do that effectively.”

In 2021, Saskatchewan reported a record number of HIV cases. Syphilis rates have also seen a massive jump since an outbreak was first declared in 2019. All STIs can be reduced by well-rounded sexual education, according to Wotherspoon.

In 2021, Saskatchewan had double the national average of intimate partner violence. Wotherspoon said, in part, sexual education can teach children signs of inappropriate relationships.

“We know these rates are only going to go up if we continue to ignore the issue of sexual health and education for all in schools,” said Wotherspoon.

Children’s advocate to review new policy

Just a few hours after the policy around parental consent for name and pronoun changes was announced, Saskatchewan’s Advocate for Children and Youth said she will be reviewing it.

In a media release, Dr. Lisa Broda said she had just learned about the policy and hadn’t been told about it beforehand.

“I am deeply troubled by the impact this policy will have on the rights of children in Saskatchewan. Any new policy, legislation, law, or practice that may impact children and their rights compels me, under my legislative authority, to review and advise on such matters,” said Broda.

She’s going to review the policy to decide whether children’s rights have been properly considered.

In the release, Broda said the Ministry of Education has used its document on gender and sexual diversity, which encouraged educators to honour a student’s preferred pronoun and name and respect their confidentiality where appropriate. Broda said that aligned with children’s rights.

“There is no question that there are significant risks to the mental and physical safety of gender and sexually diverse youth who are not supported to express their authentic selves and their safety and well-being needs to be at the fore of any policy,” said Broda.

When reviewing the new policy, Broda’s office said she’ll take into consideration The United Nations Convention on the Rights of the Child, which was ratified in Canada in 1991. It’s compatible with the Charter of Rights and Freedoms and the Saskatchewan Human Rights Code, guaranteeing the right to non-discrimination and gender identity.

“We are mindful that at times there may be a need to balance competing rights, but it is important to ensure that children’s rights are not undermined in the process,” said Broda.

She’ll also look at the idea of discretion for children under 16, including a concept from the Supreme Court of Canada that says youth under 16 can have the right to demonstrate whether they’re able to exercise “mature and independent judgment” in making decisions and, if they can, their views should be respected.

Broda said she’ll speak more once she examines the policy and shares her findings with the ministry.

— With files from 980 CJME’s Lisa Schick and The Canadian Press

EDITOR’S NOTE: This is an amended version of the story, correcting a misspelling of Broda’s name.