Policy 713 Charter Challenge in New Brunswick

BREAKING NEWS! NEW BRUNSWICK POLICY 713:

We have been granted leave in partnership with Wabanaki Two Spirit Alliance to intervene in the New Brunswick court challenge against the Government of New Brunswick to protect the rights of vulnerable children!

WE NEED YOUR HELP!

Policy 713 Update: May 12, 2024

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Equality New Brunswick (partnered with Wabanaki Two Spirit Alliance) is pleased to share that we have jointly been granted leave to intervene as added parties in The Canadian Civil Liberties Association v. New Brunswick litigation - a legal challenge to the Government of New Brunswick’s changes to its school inclusion policy (Policy 713).

The revisions made to Policy 713 are contrary to the Education Act, the Human Rights Act, and violate Charter rights to liberty and security of the person, equality rights, and freedom of expression for Trans and gender diverse students.

Policy 713 was carefully created to help provide a safe, inclusive, 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, this safe environment could not be guaranteed for these 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 to 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.

Equality New Brunswick and Wabanaki Two Spirit have been recognized by the Court as bringing a unique and important perspective to this legal challenge. We intend to stand up for Two Spirit youth, along with Trans and Non-Binary students and fight for their right to a safe, affirming learning environment at school.

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