New Brunswick Education Minister Bill Hogan unveils a new policy for students under the age of 16 requiring parental approval before changing their name or pronouns in schools.Hina Alam/The Canadian Press
Teachers in New Brunswick will no longer be obligated to use the preferred pronouns or names of transgender or non-binary students under age 16, under a policy change that led to a revolt among Premier Blaine Higgs’ Progressive Conservatives after it was introduced on Thursday.
The change alters a policy the province originally introduced in 2020, which required school personnel to use students’ preferred names and pronouns.
In the face of the uprising, which included six ministers in Mr. Higgs’ 18-member cabinet and two backbenchers, the Premier held fast, suggesting that the issue could force an election.
Transgender rights in classrooms have in recent years been a flashpoint in the United States, and are increasingly being debated at school boards in Canada. Advocates for transgender and non-binary students in New Brunswick have stressed that children should be able to express their gender identities without involvement from their parents, who may not be supportive. Opponents have said parents have a right to be informed of significant developments in their children’s lives.
There have been protests at several Canadian school boards over the Pride flag, LGBTQ-related library books, and curriculums that expose children to topics such as gender identity. The New Brunswick government’s policy change makes it the only provincial government currently engaged in such a public a battle over transgender students.
The change followed a divisive review process, during which the province’s child and youth advocate and the New Brunswick Human Rights Commission expressed concern, saying the province has an obligation to protect the rights and dignity of LGBTQ students.
Many others had rallied against the need for a review at all, including Dominic Cardy, a former Progressive Conservative education minister in the province, and Don Darling, a former mayor of Saint John. They said the government is pandering to the far right, and that the province’s original policy was effective.
The far right’s persecution of the trans community risks all the gains made in securing LGBTQ rights
Provincial Education and Early Childhood Development Minister Bill Hogan announced the change in a news conference Thursday morning. The new policy does not explicitly forbid teachers and school staff from using transgender students’ preferred names and pronouns informally in class. But it eliminates the earlier requirement for them to do so. (The requirement remains in place for students 16 and older.)
Under the original policy, transgender or non-binary students under 16 were required to get parental consent in order for their preferred first names to be used officially, for record-keeping purposes. The new policy says that if those students don’t agree to allowing the school to seek that parental consent, they will be referred to a social worker or school psychologist “to work with them in the development of a plan to speak with their parents if and when they are ready to do so.”
“We believe that it is fundamentally wrong to not share this information with parents if we’re using it on a daily basis,” Mr. Hogan said. “We must respect parents and the role they play in their child’s life and education.”
When asked if this could hinder the ability of children to be themselves at school, Mr. Hogan reiterated that the province must respect parental rights. “I don’t want a parent to come in and find something that a teacher has been doing and say, ‘How come I didn’t know about this?’”
Mr. Cardy, who quit the Progressive Conservative caucus and now sits as an independent, brought in the original policy. He described the review and changes as an importation of American culture wars, initiated by a small number of writers of “deranged, Bible verse letters,” among others.
“They have dropped a bomb where none needed to be dropped,” Mr. Cardy said.
The issue has divided the province and created real stress among students, he added.
Following the morning briefing, the eight members of Mr. Higgs’ government who joined the revolt refused to participate in routine business and Question Period in the legislature. In a statement, the members said this was “a way to express our extreme disappointment in a lack of process and transparency.” They did not provide further comment, though some have previously said they favoured leaving the original policy alone.
Mr. Higgs told reporters he stands by the changes, which he said were a way of “taking a strong position for families.” He added that he is prepared to fight an election over the issue. His Progressive Conservatives hold 29 of the legislature’s 49 seats, and an election is not due until next year.
Gail Costello, co-chair of Pride in Education, a non-profit group of New Brunswick teachers that advocates for LGBTQ students, allies and staff, said the change is reckless and harmful to children. “Our government has turned this into a parents’ rights situation at all costs,” she said, adding that the vast majority of teachers already use kids’ preferred names and pronouns because it’s the right thing to do.
“It’s a dangerous combination of ignorance and power that we have here, and you put those two together and you end up with kids losing some of their human rights,” said Ms. Costello, who retired last year from teaching at Oromocto High School, near Fredericton, N.B. “These policies save lives.”
Kelly Lamrock, New Brunswick’s child and youth advocate, previously released a scathing report on the province’s plan to review the original policy, criticizing evidence in e-mails provided by the province that showed online hoaxes and conspiracy theories were fuelling some of the opposition. Mr. Lamrock said he plans to provide legislative analysis to the provincial assembly.
The changes come into effect in July.
With reports from Caroline Alphonso and the Canadian Press