Education
Minister Bill Hogan says he has repealed the gender-identity policy
implemented by Anglophone East District Education Council because it
goes against the policy he created. (Ed Hunter/CBC)
New
Brunswick's education minister has told a Moncton-area school district
that he is repealing its policy on sexual orientation and gender
identity to bring the district in line with the province's approach.
Hogan
had given the Anglophone East district education council until March 29
to repeal its Policy 1.7, which set out how it would implement the
province's Policy 713.
The DEC didn't comply, and on April 22
Hogan wrote telling chair Harry Doyle that he was repealing the district
policy and ordered Doyle to have it removed from the district website.
"You
have not complied with my demand for corrective action and the time for
doing so has expired," Hogan wrote in the letter to Doyle, obtained by
CBC News.
"Your defiance in the face of clear direction has left
me no choice" but to repeal the policies and order them taken offline,
he said.
Two
days after Hogan's letter, the district adopted a new policy, Policy
1.8, that replaces the Policy 1.7 that Hogan repealed, but is identical
to it.
It includes the phrasing that "school personnel shall
respect the direction of the student in regard to the name and pronouns
they wish to be called in daily interactions."
In an April 25
letter responding to Hogan, also obtained by CBC, Doyle repeated the
district's arguments that it has the power to adopt its own policy and
that Policy 713 on its own is unconstitutional and would cause
"irreparable harm" to some district schools.
The letter included the new Policy 1.8 as an attachment.
Hogan's spokesperson did not respond to an interview request Friday afternoon.
Last
year, the Higgs government changed the provincial Policy 713, on sexual
orientation and gender identity in schools, to require teachers to get
parental consent before using the chosen name and pronoun of a child
under 16 verbally in the classroom.
Anglophone East argued it
cannot implement that without risking a violation of the Charter of
Rights and Freedoms, the Education Act and the provincial Human Rights
Act.
Instead, it adopted Policy 1.7 that said staff must respect all students' chosen names and pronouns in "daily interactions."
The
first page of the letter sent by Minister of Education Bill Hogan to
Anglophone East district education council chair Harry Doyle on April
22. (CBC)
District already filed lawsuit
The
district is now before the courts seeking an injunction to block Hogan
from quashing its policy and from dissolving the district council
— something members say he threatened to do.
The court is set to hear arguments on that June 18-19.
Earlier
this month, Hogan warned Anglophone East that it did not have the legal
authority to challenge the province in court and warned he would take
"further action."
His April 22 letter tells Doyle that while the
district may not agree with Policy 713, "it is my office that is
ultimately responsible for setting education policies in the province
and it is your obligation to ensure your policies do not conflict with
the direction that I have provided as minister."
After
the provincial changes last year, all seven councils created their own
policies, or amended an existing policy, to emphasize the Human Rights
Act and support for diversity.
All but Anglophone North added
operational language allowing teachers to use a child's chosen pronoun
verbally in the classroom if parental involvement was in the works or
not possible.
All three francophone districts meanwhile worked together to create a uniform policy.
Their
policy is modelled after the one suggested by child and youth advocate
Kelly Lamrock, in which teachers are to respect all students' pronouns
from Grade 6 and up.
For students younger than Grade 6, the decision is made on a case-by-case basis.
Last
October, Hogan told all of the councils except Anglophone North that
their policies were inconsistent with the provincial policy.
Anglophone West and Anglophone South fell in line, but Anglophone East and the three francophone districts did not.
The
Francophone South district said it would not be able respond Friday to a
question about whether Hogan had repealed its policy as well. The two
other francophone districts did not respond to CBC News.
The
provincial Policy 713 allows districts to adopt policies that "are
consistent with, or more comprehensive than, this provincial policy."
Jacques
Poitras has been CBC's provincial affairs reporter in New Brunswick
since 2000. He grew up in Moncton and covered Parliament in Ottawa for
the New Brunswick Telegraph-Journal. He has reported on every New
Brunswick election since 1995 and won awards from the Radio Television
Digital News Association, the National Newspaper Awards and Amnesty
International. He is also the author of five non-fiction books about New
Brunswick politics and history.
Methinks Harry will not be happy this weekend N'esy Pas?
Doug kirby
He's certainly not a role model...very grumpy looking man...
David Amos
Reply to Doug kirby
True
Lynette Browne
It appears children's rights to identity have become a political scapegoat with these regressive governments.
Kramer Vandelay
Is the Board now dismissed? Defiance of the Minister is a big deal.
Don Corey Reply to Kramer Vandelay
Actually, the "defiance" is clearly coming from the Moncton Anglophone East DEC. Did you not read the story?
David Amos
Reply to Don Corey
I enjoyed it
David Amos
Reply to Don Corey
"The
Francophone South district said it would not be able respond Friday to a
question about whether Hogan had repealed its policy as well. The two
other francophone districts did not respond to CBC News."
Lynette Browne
Reply to Kramer Vandelay
So, nothing yet about the school system's agenda?
Brian Robertson
If they don't follow direction from the Minister then dismiss them and appoint ones that will.
Tristis Ward
Reply to Brian Robertson
I thought school boards were elected.
Ralph Linwood
Reply to Brian Robertson
On the contrary, bravo for standing up for children and their right to identify as they choose.
G. Timothy Walton
Reply to Brian Robertson
It's too bad the subordinates have to show the boss how to treat students with respect.
Lynette Browne
Reply to Ralph Linwood
Yes,
students have rights to self-identity and no political agenda should
stop the openness to be able to explore their potential.
David Wilson
The Higgs government is a regressive nightmare. .
Don Corey
Reply to David Wilson
I say the same about the Trudeau government, and the polls certainly continue to reflect such.
David Amos
Reply to Don Corey
I agree
Lynette Browne
Reply to Don Corey
That is a dichotomy that does not match their policies.
BD Morgan
Provincial thought police, similar to Alberta.
Pastor Ron Miller
Content Deactivated
Reply to BD Morgan
Kramer Vandelay
Reply toPastor Ron Miller
Protecting the kids ultimately from the teachers and the school system interfering in their health.
Pastor Ron Miller
Content Deactivated
Tristis Ward.
Reply to Kramer Vandelay
Teachers
are not villains. They are entrusted to protect children in all other
ways. How is it suddenly this politician saving children from them in
this one area?
There's no logic there.
Tristis Ward
Reply toPastor Ron Miller
If children need protection from teachers, there should be no teachers.
Kramer Vandelay
Content Deactivated
Reply to Tristis Ward
Tristis Ward
Reply to Kramer Vandelay
I guess.
But thanks to Higgs, teachers have to intervene and report on children.
Some children are in home situations that, while okay for the moment, could become threatening to their mental or physical help.
But Higgs says that teachers must do this, anyway.
Teachers of these children often know that it's not best for the student to do this.
But the Premiere declared they must do this.
Teachers should not be put in that predicament.
BD Morgan
Reply to Kramer Vandelay
So now you admit the province's stance is a possible harmful to the children's health.
BD Morgan
Reply to Kramer Vandelay
Teachers should ignore student's health problems?
MR Cain
Reply to Kramer Vandelay
They did; it is Higgs sticking his nose in family business,
Kramer Vandelay
Reply to BD Morgan
They shouldn't be hiding information from the parents.
Lynette Browne
Reply to Kramer Vandelay
Many
children's parents are not so open-minded as the children and general
society are. The children could be facing repercussions for attempting
to discuss such concerns.
Kramer Vandelay
Reply to Lynette Browne
The parents are the people responsible. There is no room in the nuclear family for a third 'teacher parent' to be interfering.
Tristis Ward
Reply to Kramer Vandelay
They shouldn't be violating the legal rights of the students.
Lynette Browne
Reply to Kramer Vandelay
Many
parents already have an open relationship with their children.
Unfortunately, not all. Making this a close-minded political issue
instead of an open discourse between family and school is leaving
children open to vulnerability.
Kramer Vandelay.
Reply to Lynette Browne
The
school system has its own agendas that are not helpful to the families.
They must not be allowed to interfere or withhold information.
Ralph Linwood
Reply to Kramer Vandelay
There
is no such thing as a teacher parent. If students wish to be called by a
particular pronoun the teacher should be allowed to do so.
Robert Brannen
Reply to Kramer Vandelay
How about the Provincial Government interfering, is that O.K.?
Lynette Browne
Reply to Kramer Vandelay
That is disinformation. The school is there to educate but also provide a safe environment for the children.
Provide me w/ the purported "agenda" you feel the school system has, please.
Kramer Vandelay
Reply to Robert Brannen
Interfering how?
Robert Brannen
Reply to Kramer Vandelay
Interfering in the student's right to be whomever the student happens to be.
Lynette Browne
Reply to Kramer Vandelay
Can
you explain this agenda you are referring to? So far, all that has been
presented are adults outside of the classroom trying to suppress the
students.
Inger Nielsen
since
Higgs and hogan started all this mess bullying has gotten way worse in
the schools kids have the right to go to school and feel safe. sadly
that is no longer the case in New Brunswick
Ralph Skavinsky
Reply to Inger Nielsen
I do not agree.. we've always had them..
Tristis Ward
Reply to Ralph Skavinsky
Worse isn't the same as "started out of nowhere"
There have always been bullies.
Some bullies have targeted LGBTQ+ kids.
Now, they have more fodder and are emboldened.
Robert Brannen
Reply to Ralph Skavinsky
Until the changes in Policy 713, the bullies did not include most teachers and the Provincial Government.
Lynette Browne
Reply to Ralph Skavinsky
It
the amplification of bullying that is the problem. This has been
inadvertently condoned by adults setting examples of inappropriate
societal behaviour.
Ralph Skavinsky
While
I tend to agree with the parental rights as indicated by premier
Higgs,I find Pastor Ron's stance to be that of a trouble maker.. I do
not support his style.
Ralph Skavinsky
Reply to Ralph Skavinsky
Probably..ibelieve he is a gentleman even if some don't agree with certain pppolicies
Pastor Ron Miller
Content Deactivated
Reply to Ralph Skavinsky
Don Corey
Reply toPastor Ron Miller
I
fail to see what Outhouse has done, other than to push the PC party
further to the right and turn off a LOT of conservative supporters
(myself included) who feel very strongly that the party no longer
reflects many of my values and priorities. I sure don't call that
"progress".
Tristis Ward
Reply to Don Corey
My conservative family wants Conservatives to govern, not engage in culture wars that interfere with actual governance.
This
is bleed-over from the US social-conservative movement and their
extremism down there shows a bleak future for conservatives here.
David Amos
Content Deactivated
Reply to Ralph Skavinsky
Ditto and I believe I got just rid of the not so pious dude
Lex Roberts
We need to protect the kids and parents rights.
Tristis Ward.
Reply to Lex Roberts
There are children's rights.
They are recognized by Canada.
This changed policy 713 is in violation of those rights.
Charles Hunt
Just
another ploy by "it's my way or the highway" Higgs to get people's
attention off of the real problems our province is facing. Trying to
appeal to the almighty high moral conservatives who feel that their
personal beliefs should be forced upon everyone through politics.
Pastor Ron Miller
Content Deactivated
Reply to Charles Hunt
Don Corey
Reply to Charles Hunt
So
are you suggesting that liberals and/or greenies (and federal NDP) are
immune from the political tendency (or written objectives) of individual
parties to push legislation and policies that totally reflect their
"personal beliefs"?
In reality, we are all subject to such, whether we like it or not. Case in point - look no further than the Ottawa coalition.
We have elections to vote for parties who tend to reflect our beliefs, values and priorities.
Despite
the comments here, another Higgs government is very much a distinct
possibility, especially given the weakness of their opposition.
Benoit Boudreau
Reply toPastor Ron Miller
ok, "Pastor".
Benoit Boudreau
Reply toDon Corey
whataboutism is alive and well in NB
Charles Hunt
Reply toDon Corey
It's about inclusion. And respecting human rights of all members of society regardless of your own personal beliefs.
Don Corey
Reply to Charles Hunt
So, with your first sentence, you're the one pushing your own "personal belief".
Ralph Linwood
Reply toDon Corey
It is not a “personal belief “ that all people are equal and worthy of respect. That’s what humans believe.
David Amos
Reply to Ralph Linwood
Do you mean peoplekind?
David Amos
Reply to Benoit Boudreau
Thats an understatement
David Amos
Reply to Benoit Boudreau
He is far from ok
Marc LeBlanc
The
minister needs to keep his ideologies back in his hometown of
intoleranceville. He and his boss need to wake up to 2024. We're not
living in 1953 Bugtussle Junction anymore
Jake Newman
time to disband the school boards, and enough of this foolishness. Use the notwithstanding clause if needed.
Dan Lee
Reply to Jake Newman
yes enough.......time to boot higgs out
Jake Newman.
Reply to Dan Lee
one of the best Premiers. Higgs gonna get another majority which will be great for NB.
Marc LeBlanc
Reply to Jake Newman
The
premier would appreciate your support Jake. Make up a big poster and
parade in front of the legislature for all to see. Hopefully you'll get
on the news
Pastor Ron Miller
Content Deactivated
Reply to Jake Newman
Inger Nielsen
Reply toPastor Ron Miller
We are ALL gods children. you might want to start praying forgiveness
Don Corey
Reply toPastor Ron Miller
Nope.
You're wrong on that one. We should be tolerating all Canadians,
regardless of their personal beliefs. To say otherwise is ludicrous, and
very narrow minded.
Faytene will help take the party downward; guaranteed. How far down renains to ve seen.
Tristis Ward
Reply to Jake Newman
mmmmm…have schools run by political pary. That's how education should be done. /s
BD Morgan
Reply to Jake Newman
So you want to override the children's constitutional rights.
Don Corey
Reply to BD Morgan
Are you a constitutional lawyer?
Tristis Ward
Reply to Don Corey
A
person doesn't have to be a constitutional lawyer to understand that
children do indeed have rights that are recognized by the constitution.
A person merely has to read the constitution
(or even just pose the question on the internet)
David Amos
Reply to Don Corey
Methinks you are having fun ce soir N'esy Pas?
Tristis Ward
This is a culture war.
Higgs' Conservatives intentionally instigated it to give social conservatives a reason to vote for them despite their failings.
Even
if I was a conservative, I wouldn't reward that. It's destructive to
both sides of the political spectrum to have the right lose itself in
social mores battles.
SarahRose Werner
What's Hogan's next move? Holding his breath until he turns blue?
Margaret Flowers
Keep fighting the good fight Moncton! Anglophone West and South… obviously lightweights, scared of the bully. Sad.
MR Cain
Insanity. Just another distraction. Does he know how many are really affected?
Pastor Ron Miller
Content Deactivated
Reply to MR Cain
MR Cain
Reply toPastor Ron Miller
David Amos, n'est pas?
David Amos
Reply to MR Cain
Who are you to make fun of me?
G. Timothy Walton
Higgs must have finally told Hogan what to do.
David Amos
Content Deactivated
Reply to G. Timothy Walton
I
suspect it was Outhouse who came up with the plan. Much to my chagrin
even I agree with Higgy's take on this 713 nonsense of Cardy's creation
Round ONE
6 Comments
Al Clark
Uh oh, willy might need to get sheriff tex austin involved ;-)
Don Corey
Reply to Al Clark
Doubt
that sheriff tex will waste his valuable time on an issue that
certainly is no threat to public safety (unless the lefty radical
element gets really stirred up)
Matthew Smith
Ahhh....New Brunswick... One wonders if Danielle Smith is aware of Higgs
trying to wrest the title of 'Florida of Canada' from her populist
grasp
Don Corey
Reply to Matthew Smith
I doubt that she's losing any sleep over it
SarahRose Werner
What's Hogan's next move? Holding his breath until he turns blue?
Don Corey
Reply to SarahRose Werner
He's waiting for instructions from his boss and the outhouse.
Tuesday 5 September 2023
Students face uncertainty as legal battle brews over N.B.'s gender-identity policy
Re: Students face uncertainty as legal battle brews over N.B.'s gender-identity policy
Moore, Rob - M.P.
<Rob.Moore@parl.gc.ca>
Tue, Sep 5, 2023 at 4:59 PM
To: David Amos <david.raymond.amos333@gmail.com>
*This is an automated response*
Thank you for contacting the Honourable Rob Moore, P.C., M.P. office. We
appreciate the time you took to get in touch with our office.
If you did not already, please ensure to include your full contact
details on your email and the appropriate staff will be able to action
your request. We strive to ensure all constituent correspondence is
responded to in a timely manner.
If your question or concern is time sensitive, please call our office: 506-832-4200.
Again, we thank you for taking the time to share your thoughts and concerns.
This
summer, thousands rallied against any changes to the policy that
guarantees minimum protections for LGBTQ students. The government made
several changes experts say could hurt children. (Radio-Canada)
As
school gets underway this week, there is still uncertainty about the
enforcement of New Brunswick's new gender-identity policy — especially
now that district education councils are seeking legal advice on whether
they can sue the province.
Students under 16 don't know what the
consequences will be for asking a teacher to refer to them by a
different name or pronoun. Teachers also don't know exactly how to
respond, the New Brunswick Teachers' Association has said.
This
summer, Education Minister Bill Hogan changed Policy 713 to make it
mandatory to get parental consent before verbally using the chosen names
and pronouns of students under 16. Official name and pronoun changes
for that age group have always required parental consent, and that
hasn't changed.
If those younger students aren't ready to speak
to their parents, they are to be encouraged to see an "appropriate
professional," the policy says, to help them come up with a plan to
speak to their parents.
"If it is not in the best interest of the
student, or could cause harm to them (physically or mentally), to talk
with their parents, they will be encouraged to communicate with
professionals for support," the policy says.
WATCH | Bill Hogan explains how new a policy only applies to name changes related to gender identity:
Teachers 'can always ask' when they’re not sure if name change is related to gender, minister says
Duration 1:57
Education
Minister Bill Hogan says parental consent is only required for name
changes associated with gender identity for kids under 16 in schools. He
says teachers should be able to find out the difference.
The
policy does not say what should happen in the meantime — whether staff
should continue to use a name and pronoun against the child's wishes, or
honour the child's wishes while they work on connecting with their
parents.
Hogan said staff must keep using the child's birth name and pronoun regardless of what the child says, unless parents consent.
He said if staff use a child's self-chosen name and a parent complains, they could be disciplined.
Peter
Legacy, president of the teachers' association, previously said the
policy "places teachers in an ethical dilemma: either they uphold a
policy that dictates that they ignore advice of all professionals, or
they risk sanctions from their employer."
On Tuesday, he said
"teachers will always find a way to do what's right for their students,
respects parents as partners and continue to make sure that our schools
are welcoming and safe, inclusive spaces for everyone."
Anglophone South superintendent Derek O'Brien said "all of our learners will be respected."
"Our
district certainly wants to make sure that we stay consistent with the
policy. We'll stay consistent with the Education Act and the New
Brunswick Human Rights Act and Canadian Charter of Rights and Freedoms,"
he said.
"We will follow the policy, but provide support in the creation of plans for students in our schools."
There
are already children under 16 using a different name and pronoun in
some schools, according to Kelly Lamrock, the province's child and youth
advocate, and it's not clear if those children will have to revert to
their birth names until their parents consent.
Additionally, Hogan
said the policy does not apply to nicknames. He said if teachers aren't
sure if the child is asking for a nickname or changing their gender, they "can always ask."
School
psychiatrists and medical experts have said these changes could
increase the risk of self harm. The New Brunswick Medical Society
said not honouring a child's request for a specific name and pronoun may
be harmful for normal exploration, could delay a child's development
and get in the way of the child finding a clear identity.
"The
review was not based on scientific consultation or evidence-based data
that is widely accepted by international medical expert opinion and
research," the medical society said.
Three groups now planning to sue
Joe
Petersen, chair of Anglophone North education council, said the four
anglophone councils have retained a lawyer to find out how they can sue
the province over its changes to Policy 713.
Hogan and Premier Blaine Higgs said this change is to protect "parental rights" to be involved in their children's lives.
Hogan previously said it's a parent's right to force teachers and staff to use the pronoun the parent prefers.
"If
a parent doesn't want their child to be referred to as 'they,' [and]
would prefer for them to be referred to as 'she' or 'he,' that's a
parent's right," Hogan said.
CBC Explains: Why some schools may not even use Higgs’s Policy 713
Duration 1:42
Most
of New Brunswick’s district education councils are creating their own
version of Policy 713, undoing the controversial changes made by the
Blaine Higgs government.
The councils asked for
funding from the province two months ago and got approval for $4,000 to
get a legal opinion. Petersen said once they have that, they plan on
applying for more funding to challenge "the changes that we think are
wrong with Policy 713."
The Canadian Civil Liberties Association said it plans to file a lawsuit "soon."
LGBTQ advocate Gail Costello said she's also speaking to a lawyer to find out how best to challenge the policy.
DECs have alternate policies, but who will follow them?
The majority of the province's district education councils have passed policies they hope will undo the changes.
Anglophone
South and East passed policies that say school personnel "shall use the
chosen first name and pronoun(s) that students request. The chosen
first name and pronoun(s) shall be used consistently in ways that the
student has requested." Some francophone councils passed similar
policies.
Education councils have the power to make policies that
are "consistent with, or more comprehensive than, this provincial
policy."
Hogan previously said those policies don't apply, and the provincial policy takes precedence.
However, the councils say their policies take precedence because they are more "comprehensive."
It seems that the great majority of N.B.
parents have spoken out on this issue , and the matter has now been
settled ; and other provinces like Sask. and Manitoba are doing the same
. At this point , it makes little difference what these DECs do or say
as they act in advisory rolls only , and have no real authority . It is
now a dead issue as the 713 policy as set out by the Department of
Education is clear .
John Montgomery Content deactivated
Reply to Matt Steele
Link to where the matter is settled?
David Amos
Content deactivated
Reply to John Montgomery
Joe Petersen, chair of Anglophone North
education council, said the four anglophone councils have retained a
lawyer to find out how they can sue the province over its changes to
Policy 713. The councils asked for funding from the province two months
ago and got approval for $4,000 to get a legal opinion. Petersen said
once they have that, they plan on applying for more funding to challenge
"the changes that we think are wrong with Policy 713."
SarahRose Werner
Reply to Matt Steele
It's not over until the plus-sized
female-identifying person sings. Court cases are being launched in
Saskatchewan (per another CBC article posted today). Court cases are
being discussed in New Brunswick. It's likely that they'll happen in
Manitoba as well.
The
first page of the letter sent by Minister of Education Bill Hogan to
Anglophone East district education council chair Harry Doyle on April
22. (CBC)
This
summer, thousands rallied against any changes to the policy that
guarantees minimum protections for LGBTQ students. The government made
several changes experts say could hurt children. (Radio-Canada) 
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