What is New Brunswick's LGBTQ student controversy all about? - Action News
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New BrunswickCBC Explains

What is New Brunswick's LGBTQ student controversy all about?

New Brunswick's premier has been facing turmoil in his own party, LGBTQ students and advocates have protested and even the prime minister and the official Opposition leader have weighed in. Here's a primer on Policy 713 and why it has dominated N.B. news headlines for months.

Policy 713 has dominated politics in the province since early May

CBC News Explains: How did the New Brunswick government change Policy 713?

1 year ago
Duration 2:19
New Brunswick's Department of Education made several changes to a policy designed to protect LGBTQ students, affecting sections on self-identification, extracurricular activities and washrooms.

New Brunswick's premier has been facing turmoil in his own party. LGBTQ students and advocates have protested.Even the prime minister and the official Opposition leader have weighed in.

What is Policy 713 and why has it dominatedNew Brunswick news headlines for months?

Here's a primer.

What is the policy?

Policy 713, introduced in August 2020, setminimum standards for New Brunswick schools to providea safe, welcoming and inclusive environment for LGBTQ students.

Its original version allowed all students to be referred to by their preferred pronounsand names without involving their parents. Teachers had to getconsent from the students before sharing that information with their family.

The policy became a source of controversy inearly May when Premier Blaine Higgs's Progressive Conservatives confirmed theyhadbeen reviewing the policy.

In early June, the government announced the results of thereview and changes they would make.

A man in suit and tie and wearing glasses speaks.
New Brunswick Premier Blaine Higgs is seen speaking to media outside Government House following a cabinet shuffle in Fredericton on Tuesday. Higgs had faced a revolt from some members of his cabinet, partially due to changes made to a policy meant to protect LGBTQ students. (Stephen MacGillivray/The Canadian Press)

How isPolicy 713 changing?

It is no longer mandatory for teachers to use the preferred pronouns or names of students under 16.

A student who refuses parental involvement would be referred to a school psychologist or social worker to develop a plan to inform the student's parents "if and when they are ready to do so."

But what Education Minister Bill Hogan said whenhe announced thischange differs fromthe actual text of the policy.

Hogan saidit's now forbidden to respect the chosen name and pronoun of a student under 16, even informally or verbally, without parental consent.He said teachers should wait until the referral process plays out.

A man with glasses and a goatee and moustache smiles as he sits behind a barrier that says
Education Minister Bill Hogan unveils the highly anticipated changes to Policy 713 on June 8. (Hina Alam/The Canadian Press)

The policy isn't thatexplicit: there is nothing in the textthat forbids teachers from informally using a student's chosen name and pronouns.

The New Brunswick Teachers' Association, the union representing school psychologists and a human rights expert are among those who have said the new wording inPolicy 713 doesn't amount to a ban.

There are also two other changes to Policy 713 that have received less attention.

Wording allowing students to participate in extracurricular activities "consistent with their gender identity" was removed.Instead, it only says that students will be able to participate in curricular, co-curricular and extracurricular activities "that are safe and welcoming."

Another change was considered a win for LGBTQ students.A private, universal change roomwill be available in all schools across the province, in addition to thealready mandated gender-neutral washroom.

Why make the changes?

Higgs has said that gender dysphoria defined as a state of distress caused when a person's gender identity doesn't match their biological sex has become popular and trendy, especially among young people. He recently suggested there has been a rise in youth with gender dysphoria because elements of society have become accepting of people changing their names and genders.

The premier has said that the changes reflect the government's desire to ensure parents play a role in the "formative years" of their children. "Families are the foundation of our society," he recently told the legislature. "And what we're seeing is that erosion of the family role in children's upbringing."

Hogan, the education minister, has said complaints over the policy number in the "hundreds, at least." Butthe province's child and youth advocate, Kelly Lamrock, said that when he asked the province for the correspondence that triggered the review, officials sent him copies of three emails, none of which mentioned the policy.

Also, a UNB professor submitted a right to Information request to the province asking to see the specific complaints that were received to trigger the review. In late Julyshe was told there were no written complaints from parents who weren't told about their children's name or pronoun changes.

Hogan replied thathe received feedback in the form of written complaints but also in "private conversations," which are not covered under right to information legislation.

A man in glasses speaks inside a building. A photo collage of the 2020 N.B. Legislature is visible on the wall behind him.
New Brunswick youth and child advocate Kelly Lamrock speaks with reporters at the provincial legislature in Fredericton on June 12. Lamrock has harshly criticized the rationale for the provinces review of its sexual orientation policy in schools. (Hina Alam/The Canadian Press)

What has the reaction been?

Some students and advocates protested when the review was announced, at least threeschool district councils have passed their own policies that effectively undo the changes and unionized school psychologists and social workers have filed two grievances with the province, saying the changes would make them complicit in harming children.

Lamrockissued a 21-page reportcalling for the reversal of all major changes to the policy.

And Gail Costello of LGBTQ advocacy group Pride in Education said the changes and Higgs's comments about them are "transphobic."

People holding up pride flag in foreground, legistlative assembly in background.
Opponents of the review of Policy 713 demonstrate outside the New Brunswick Legislature in early June. (Radio-Canada)

Prime Minister Justin Trudeau weighed inat a Pride event in Toronto in June.

"Right now," he said, "trans kids in New Brunswick are being told they don't have the right to be their true selves, that they need to ask permission. Trans kids need to feel safe, not targeted by politicians."

Federal Conservative Leader Pierre Poilievrehas said the prime minister has no business weighing in and called on himto "let parents raise kids."

Higgssays he has the support of many parents, andChristian conservative group 4 My Canadahas said it has enough signatures to be a decisive factor in any leadership review vote.

A conservative Christian group based in British Columbia says the debate is a test case for its efforts to roll back school LGBTQ policies across the country.

Is this why Higgs has been in political trouble?

Partially.

Progressive Conservative dissidents sat out a question period earlier this year in protest of the changes, and two cabinet ministers laterresigned, though complaints cited by politicians and party members about Higgshave mostly focused on hisleadership style, which they say ignores expertise and allows little input.

Four cabinet ministers voted against Higgs's wishes on the issue. Dorothy Shephard, who served as social development minister, and Trevor Holder, who had been labour minister, both resigned before a cabinet shuffle in June that saw the two other dissidents bounced from cabinet.

Arlene Dunn, who was named minister of post-secondary education, training and labourTuesday,was among those who had previously signed aletter expressing disappointment in the changes to Policy 713.

She stood by that Tuesday.

"I didn't think that we should have touched that," she said.

A push by some party members to remove Higgs as leader is still underway.Higgs's government's mandate ends in October next year.

With files from CBC's Hadeel Ibrahim and Jacques Poitras and The Canadian Press