The Review of Policy 713 in New Brunswick Raises Moral Questions

Wil Robertson is a Huddle contributor and a member of the 2SLGBTQIA+ community.

On June 1, Bill Hogan, the Minister of Education for the Progressive Conservative government of New Brunswick, met with a Grade 11 student to discuss the review of Policy 713, an education policy in place to protect LGBTQIA2S+ youth in New Brunswick’s education system. That student said the meeting left him feeling dismissed and disrespected.

The student described Hogan as angry, and “like talking to a brick wall.” The student said Hogan continuously referred to being LGBTQIA2S+ as a lifestyle, insinuating it is merely a choice. Hogan was also 30 minutes late to the meeting.

The minister’s comments, and his behaviour in consultation with students and parents, are shameful. In a process that appears orchestrated to an inevitable outcome in support of changes to Policy 713, and with the insensitive rhetoric of the minister, Hogan should have already resigned.

The situation in New Brunswick surrounding Policy 713, and the rhetoric of Premier Higgs and his Minister of Education, has reached its peak near the beginning of this Pride Month. We are in a moment where the defense of LGBTQIA2S+ rights is particularly significant and necessary in the face of what the New Brunswick Women’s Council has described as an “organized backlash” against the LGBTQIA2S+ community.

Policy 713 was introduced in 2020, under the Higgs government, to guarantee some support for LGBTQ students. It includes things like making sure teachers use students’ preferred pronouns and that gender-neutral washrooms are available.

The Department of Education and Early Childhood Development stated the review of Policy 713 included the provision for students under 16 to change their preferred first name and pronoun without parents knowing, the process for team sport selection and participation, and access to washroom facilities based on gender identity.

Minister Hogan announced the changes made to Policy 713 on June 8, requiring teachers to ask parental consent to use the preferred name or pronouns of students under 16 years old. The Minister did not introduce changes to policy regarding trans persons’ inclusion in extra-curricular activities. Hogan also introduced language to encourage more private, gender-neutral washrooms.

The review of Policy 713 began abruptly on April 21, when Hogan suspended funding for training sessions and disallowed department staff from giving further presentations on it. On May 5, a protest occurred outside of a New Brunswick Teachers’ Association career day event, calling educators “perverts” and spreading unfounded conspiracy theories that children were using litter boxes in schools.

On May 16, Kelly Lamrock, New Brunswick’s child and youth advocate, called the review of the policy a “broken and incoherent process” and it be suspended immediately until its goals were clarified. Lamrock also found that the policy review had been prompted by three email complaints, a number the government disputes.

On May 17, Premier Higgs articulated that the review was occurring because he felt it was a violation of parents’ rights not to have educators inform them that their child was using different pronouns or a different name in school.

But in a nearly 20-minute scrum with reporters on that same day, he said much more.

He said that by following Policy 713 schools were engaging in “promotion” instead of education. When asked if kids were fearful of having their parents know about their use of pronouns or a different name, Higgs said: “we have parents for a reason, don’t we?”  When a reporter asked Higgs if kids should stay in the closet until they’re adults if their parents are not accepting of them, Higgs responded by saying “kids have parents and parents should be responsible for their children.” Higgs accused the reporters of suggesting parents have no rights over their children.

The Premier carried on waffling after a question about children who may face a negative response from being outed to their parents. The premier couldn’t confirm or deny if that “was a reality” in New Brunswick. When asked if forcing educators to “out” kids to parents was a violation of a child’s rights, the premier reiterated that parents must be involved in the development of their children.

When a reporter reminded the premier that youth have been sent by their parents to conversion therapy due to their sexuality or gender identity in New Brunswick, Higgs responded: “I’m not saying I’m in support of that reality or am not.” The practice and promotion of conversion therapy in Canada is a criminal offence.

A reporter asked the Premier if LGBTQ+ education in schools would be limited and the premier dodged the question. The scrum continued with him saying kids should not be exposed to drag queen story time. Higgs also couldn’t answer if kids were born gay.

In the days that followed Higgs’ scrum, Hogan was asked about youth at risk of abuse or backlash if they were outed. He suggested that youth could turn to Child Protective Services in those instances.

Members of the opposition parties criticized the minister and premier’s statements and rhetoric. Seven PC cabinet ministers openly spoke against the review of Policy 713 and the Premier’s rhetoric. Members of District Education Councils called the comments deplorable and called the review a shame. Students have since walked out of schools across the province and protested the review. In consultations with Minister Hogan on Policy 713, Parent School Support Committee members, parents, and students have stood against the review.

A mother whose young child was outed to her by a teacher presented to the Progressive Conservative caucus, and despite her support for Policy 713, she was gobsmacked when the minister asked her to help change it. When she spoke out, the premier dismissed her comments as “political” and “disappointing.”

For a minister of the Crown, whose duty it is to uphold the Charter of Rights and Freedoms, to choose to enact policy that many feel violates childrens’ and teachers’ rights by forcing educators to out students to their parents – openly aware that it may send harmed children to Child Protective Services – is abhorrent and disappointing.

It is appalling for a premier in the Canadian federation to not unequivocally condemn the practice of conversion therapy. It flies in the face of basic empathy to suggest that trans students ought not to have the right to use the washroom of the gender they identify with – a right protected by Supreme Court jurisprudence – and that trans women perhaps should not participate in women’s sports.

It is nonsensical to insinuate that drag queen story time poses a risk to youth, and that by supporting inclusive policies like policy 713 educators are engaging in “promotion” instead of education. These statements, all shamelessly uttered within eighteen minutes, risk enabling further harm to 2SLGBTQIA+ youth, and are wholly disappointing.

What does Premier Higgs believe beyond that? He has clearly pushed this review forward without the full consent of his cabinet. What other ideological policies will he seek to push forward or promote?

This action and the lack of condemnation of it from mayors, councillors, members of parliament, and senators displays a moral collapse of leadership and governance before our eyes. There is indeed a coordinated backlash to promote the regression of 2SLGBTQIA+ rights around the globe. Evidently, sadly, Premier Higgs and Minister Hogan are a part of this effort.

As Pride begins, let us remember those who have acted to defend the 2SLGBTQIA+ community, and those who have remained complicit in their silence. Our representatives do not deserve the right to take part in Pride, nor will their token words of support this month mean anything if they do not stand up for our rights and youth when they are under blatant attack.

To allies, and my friends in the 2SLGBTQIA+ community: this Pride Month, stand up. Speak up. The time to fight for our rights is now. For if this moral collapse in governance continues, I wonder how much of our rights we will have left.

Huddle publishes commentaries from groups and individuals on important business issues facing the Maritimes. These commentaries do not necessarily reflect the opinion of Huddle. To submit a commentary for consideration, contact our editor, Trevor Nichols: [email protected].