May 13, 2024 – Earlier this month, the Women’s Legal Education and Action Fund (LEAF) was granted leave to intervene in a challenge to New Brunswick’s discriminatory policy requiring parental consent to recognize the gender identity and chosen names of trans, non-binary, and gender-diverse students.
In the summer of 2023, the New Brunswick government changed its policy on sexual orientation and gender identity. The policy, known as Policy 713, now requires parental consent before the chosen name or pronouns of a trans or non-binary student who is under 16 can be used by school personnel in the context of classroom, extracurricular, and co-curricular activities.
The Canadian Civil Liberties Association is challenging the policy before the Court of King’s Bench of New Brunswick, arguing that the process leading to the changes to Policy 713 was flawed and procedurally unfair. They also argue that the policy infringes New Brunswick’s Education Act and Human Rights Act as well as 2SLGBTQIA+ students’ Charter rights to equality (section 15), liberty and security of the person (section 7), and freedom of expression (section 2(b)).
LEAF was granted leave to make submissions in the case on the equality rights of trans, non-binary, and gender diverse youth.
“The decision of some provinces to discriminate against trans, non-binary, and gender-diverse youth because it is politically popular must be fought with all legal tools available,” said Pam Hrick, Executive Director and General Counsel of LEAF. “As a gender equality advocacy organization, LEAF is going to court in solidarity with trans, non-binary, and gender-diverse communities who are facing a new wave of institutionalized discrimination across the country.”
The new Policy 713 increases risks of harm for trans youth. The New Brunswick Association of School Psychologists stated this clearly: “[m]isgendering transgender and gender diverse people increases risk of self harm, suicidal ideation, and other mental health concerns. As such, it is imperative that students’ names and pronouns be respected and used in the school environment regardless of their age.” New Brunswick doctors have also stated that the “loss of autonomy and control” associated with being called the wrong name will increase student dropouts, victimization, and suicidality.
“While we know most families are loving and supportive of their children, we also know this isn’t always the case,” said Hrick. “When the Court determines the legality of the policy, it needs to consider the best interests of the child and the prospect of family violence and other forms of abuse, such as bullying.”
A date for the hearing has not yet been set.
LEAF is grateful to Mélanie Power, Morgan Camley, Kay Scorer, Kathryn Gullason, and Nicole Tzannidakis of Dentons Canada LLP, counsel to LEAF in this case. LEAF is also grateful to Lauren Ogden (McInnes Cooper) local counsel for LEAF in this case.
LEAF’s interventions are guided, informed and supported by a case committee with expertise in the relevant issues. We are very grateful to the CCLA v. NB case committee members (in alphabetical order): Gillian Calder, Jennifer Koshan, Samuel Singer, and Adriel Weaver.
For media inquiries, please contact:
Cee Strauss
Senior Staff Lawyer, LEAF
514-586-5042
[email protected]
About the Women’s Legal Education and Action Fund (LEAF)
The Women’s Legal Education and Action Fund (LEAF) is a national not-for-profit that works to advance the equality rights of women, girls, trans, and non-binary people in Canada through litigation, law reform, and public legal education. Since 1985, LEAF has intervened in more than 130 cases that have helped shape the Canadian Charter of Rights and Freedoms. To find out more, visit www.leaf.ca.
