Woman speaking at podium

The Canadian Civil Liberties Association says that the policy will go into effect before there is any legal action

A national civil liberties group has given the New Brunswick government an ultimatum: change the policy on gender identity in schools right away or we’ll sue.

The changes to Policy 713 are “illegal and against the constitution,” said Harini Sivalingam, director of equality for the Canadian Civil Liberties Association, at a news conference Thursday outside the legislature.

She said, “I’m here to give a last message to the government of New Brunswick.” “Canadians from every part of the country are paying attention.”

Education Minister Bill Hogan has said that there will be changes to the school policy that says what the minimum requirements are for LGBTQ students to feel safe in school.

He said that the changes to Policy 713 make it illegal for teachers and staff to use a child’s chosen name and pronoun, even informally and verbally, unless the child’s parents give their permission. 

Under the new policy, if a child says they don’t want their parents to be involved, they will be sent to a school psychologist or social worker who will help them figure out a way to include their parents in the future.

Government has been asked to respond by CBC News.

WATCH | The Canadian Civil Liberties Association gives the N.B. premier an ultimatum: 

Before any legal action starts, the changes are expected to take place on July 1.

Higgs and Hogan have said in the past that they changed the policy to protect “the rights of parents to know” what is going on with their children. They said teachers were hiding things from parents by not telling them when a child asked to use a different pronoun informally in class.

Since it was put in place in 2020, Police 713 has always needed permission from a parent for a child under 16 to change their name in school records.

A man in suit and tie and wearing glasses speaks.

Experts in education, the law, child welfare, and mental health have all said that the changes are bad.The child and youth advocate said that the changes were “sloppy” and “unintentionally unfair.”

The union for school psychologists said that denying a child’s request for a specific pronoun will “increase the risk of self-harm and suicide,” and it’s upset about the changes because they “force” members to violate the children’s human rights.

Sivalingam said that the civil liberties group’s lawyers are looking over the new policy and putting together a plan for a lawsuit. She didn’t say exactly when a legal challenge would happen.

Woman in a red dress, black blazer speaking at podium

Sivalingam said that the policy was changed because of a “vocal minority” that was against LGBTQ people, and that the premier did not protect LGBTQ children from this group.

“[Premier Blaine Higgs] gave in to extremist views, and he forgot that New Brunswick is not Florida,” she said, referring to the anti-transgender laws that have been passed in the state. 

Trans students ‘will start disappearing

At the news conference, Evie Robinson-Dyck, a student in the 12th grade at Saint John High School, talked about what could happen if the new rules are put into place next school year. She said that kids will have to stay in the closet because they can’t ask their parents for permission.

“These wonderful friends and neighbors that I’ve known…Will keep going away, they’ll have to change their names and pronouns, and they won’t be themselves anymore,” she said. 

WATCH | A transgender student in the 12th grade talks about her own experiences: 

She said that she is lucky to have parents who accept her, but that some of her friends could only use their preferred pronouns at school because their parents did not.

She said, “I know a lot of parents who would throw their kids out.” “What does it matter to these parents? The ones who will do something different with their child.Who will be physically, mentally, or verbally abusive based on names, pronouns, sexuality, and other things that are really just part of who we are.”