Policy 713 Fight for Trans Kid’s Rights

New Brunswick’s Sexual Orientation and Gender Policy – Policy 713 was carefully created by educational experts (hired by the government) to help provide a safe, inclusive, and welcoming learning environment for 2SLGBTQ+ students. All students deserve a learning environment that is safe and affirming, however, until the implementation of the original Policy 713 in 2020, this safe environment could not be guaranteed. Once implemented in 2020, students reported feeling much safer and affirmed in their schools.

In July of 2023, the Minister of Education and the New Brunswick government changed the province’s Policy 713. These changes remove protections for Trans and Non-Binary students and prevent many of those students from using their chosen names and pronouns in school. This discriminates against Trans and Non-Binary students and could expose these young people to serious harm, bullying, and violations of their privacy – at home and school.

The Government ignored all expert advice, including advice from the NB Child and Youth Advocate, medical doctors, nurses, social workers, psychologists, lawyers, school boards, teachers, Indigenous leaders, and others.

Equality New Brunswick is taking legal action to reinstate the original Policy 713, ensuring our Trans and Non-Binary youth are safe in schools and that their rights under the Canadian Charter of Rights and Freedoms are protected.

Equality New Brunswick, in partnership with Wabanaki Two-Spirit Alliance, has been granted leave to intervene as an added party in the Canadian Civil Liberties Association v. New Brunswick litigation. The revisions made to Policy 713 are contrary to the Education Act, and the Human Rights Act, and violate Charter rights to liberty and security of the person, equality rights, and freedom of expression for Trans and Non-Binary students.

According to Harini Sivalingam of CCLA, “The Minister (of Education) has created confusion throughout the education system that is causing great harm to 2SLGBTQ+ students. The changes made by the Minister contradict the very purposes of Policy 713 which are to create a safe, inclusive, welcoming learning environment for 2SLBGTQIA+ students.” The removal of protections for 2SLGBTQ+ students (particularly Trans, non-binary, and Two-Spirit students) will and has already begun to cause harm to these vulnerable youth. Students are reporting an increase in bullying and a detrimental impact on their academics.

Allowing young people to use chosen names and pronouns at school reduces their risk of mental health issues, self-harm, and suicide ideology – Research. Students should never be forced to come out until they are ready. A safe, affirming school environment where a student can develop a support system of allies is particularly important if this young person does not have a safe home situation.

Experts, including the NB Child and Youth Advocate, have advised the New Brunswick Government that their revisions to Policy 713 are illegal. The government’s response has been “then take us to court.” So, that is our only option. Our entire 2SLGBTQ+ community is under attack, and this is only the beginning. We must take a stand and fight back. Our democracy in New Brunswick and potentially Canada, is at risk.

Equality New Brunswick is represented by a team from Cambridge LLP led by Douglas Elliott, Mel Norton, and Christopher D. J. Isnor of Lawson Creamer Lawyers.

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