CCLA Welcomes Changes to Policy 713

TORONTO – Harini Sivalingam, Director of Equality Program at the Canadian Civil Liberties Association made the following statement in reaction to the Premier of New Brunswick’s announcement to reverse harmful changes made to Policy 713:

The Canadian Civil Liberties Association welcomes the Government of New Brunswick’s changes to the province’s sexual orientation and gender policy in schools – Policy 713. These changes respect the equality rights of trans and gender diverse students and aim to provide a safer, more affirming and inclusive learning environment for them.

In the summer of 2023, the former provincial government amended Policy 713, removing key rights for trans and gender diverse students. CCLA launched a constitutional challenge against these harmful changes. Our advocacy revealed that the decision to restrict the rights of trans and gender diverse students was not evidence-based and instead relied on a flawed process and misinformation.

The changes announced today undo the significant harms caused by the previous government’s policy. The new policy properly recognizes that trans and gender diverse students have rights protected by the Charter, the Human Rights Act, and the Education Act.

The new policy assumes that all students are presumed to have capacity to consent to self-identity. This will allow students under the age of 16 to informally use their chosen name and pronouns in school settings, though formal use will require parental consent. Students over the age of 16 will not require parental consent for informal or formal use of their chosen name and pronouns. All students will be allowed to participate in extracurricular activities consistent with their gender identity. All students will have access to washroom facilities that align with their gender identity.

CCLA is grateful for the excellent pro bono legal services of Benjamin Perryman, Barrister and Solicitor, and Sheree Conlon of Nijhawan McMillian & Conlon Barristers in this case.

CCLA would also like to thank Egale Canada, Imprint Youth Association Inc., Alter Acadie Nouveau-Brunswick Inc., Chroma: Pride, Inclusion, Equality Inc., Equality New Brunswick, and Wabanaki Two Spirit Alliance for their crucial contributions as party interveners, which ensured the perspectives of the 2SLGBTQIA+ community were directly represented.