CCLA Files Suit Against New Brunswick Government on Policy 713

FREDERICTON — The Canadian Civil Liberties Association (CCLA) has commenced a legal challenge to the Minister of Education and Childhood Development’s revisions to Policy 713.

“Last week we instructed counsel to file notice at the Court of King’s Bench New Brunswick and  today we have taken the additional steps of instructing counsel to file affidavits, exhibits, in court and to provide the Minister’s office with a courtesy copy of our lawsuit,” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association.

The CCLA is seeking public interest standing to initiate a judicial review of the Minister’s decision. This legal challenge argues that the process of revising the policy was fundamentally flawed and unfair. The review process excluded education, medical and legal experts and those who are directly affected by the policy.

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.

“The Minister has created confusion throughout the education system that is causing great harm to 2SLGBTQ+ students,” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association. “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 CCLA will continue standing up for rights and freedoms across Canada.  Like every marginalized and vulnerable group in this country to have faced prejudice and discrimination, Trans and gender diverse students have a right to equality and fundamental freedoms that should be respected.

• Notice of Application
• Notice of Motion
• Press Conference Statement