Child and youth advocate, N.B. premier clash over need to review LGBTQ school policy

New Brunswick's child and youth advocate is slamming the province's review of its policy on LGBTQ students in schools, calling it a "broken and incoherent process" that should be suspended until its goals are clarified.

Kelly Lamrock says the review appears to have been prompted by a total of three emails to the department over the 30 months since Policy 713 was adopted.

"I am not sure any government decision could survive if receiving three complaints led to reconsideration," he writes in a letter to departmental officials attached to a report he issued Tuesday.

WATCH | CBC's Raechel Huizinga breaks down Policy 713 

Last week, Education Minister Bill Hogan told reporters he had received complaints numbering in the "hundreds, at least" about the policy.

Hogan repeated that claim in the legislature Tuesday, and Premier Blaine Higgs told reporters the number is "much more than three."

In an often contentious media scrum, Higgs defended the review, which the department says will examine whether parents should be informed if children under the age of 16 want to adopt a different name and pronoun at school.

"For it purposefully to be hidden from the parents, that's a problem," Higgs said.

The premier said he wants all children "to feel comfortable and safe" in school and acknowledged some children may fear telling their parents about their sexual orientation or gender identity.

But he said that ultimately schools should be obligated to tell parents everything.

"That's why we have children and that's why we have adults," he said. "And that's why we have parents.

"To suggest that it's OK that parents don't need to know — just stop and think about that question for a moment."

Policy 713 sets minimum requirements for schools to create a safe, welcoming environment for lesbian, gay, bisexual, trans, queer, intersex and two-spirited students.

Until this week, Hogan has been vague about the specifics of the complaints — an ambiguity that Lamrock says in his report can allow hate to fester.

"If you're going to review a policy, like Policy 713, you'd better be clear about what details you're reviewing," he writes.

"Because if you treat it like just another review, a loud minority will use that platform to attack vulnerable kids and make them feel scared and ashamed of who they are."

On Tuesday morning, just hours before Lamrock's report was released, Hogan issued a statement clarifying which parts of Policy 713 are being reviewed.

He said one is the provision that allows students under the age of 16 to change their preferred first name and pronoun without their parents knowing.

The statement said the second is "the process for team sport selection and participation." The policy allows students to participate in extracurricular activities "that are safe, welcoming, and consistent with their gender identity."

Hogan's statement also mentioned concerns "about the age appropriateness of what is taught in the classroom when it comes to sexual education," though curriculum is not covered by the policy.

For example, Higgs told reporters, he doesn't think elementary and kindergarten children should attend drag queen storytime events.

"We're teaching kids to develop and grow, and they need to be making decisions as they get older and they get wiser. Are we trying to teach tolerance and acceptance, or are we trying to teach promotion?"

Opposition MLAs said they were disappointed with Higgs's comments.

Liberal Leader Susan Holt said the premier has to show leadership and explain to New Brunswickers "why students may confide in a teacher or a counsellor information that they do not feel comfortable sharing with their parent, and that you have to protect the child and their interests in that case."

Green MLA Kevin Arseneau said he doesn't expect his children's teachers to tell him everything.

"I think any kid should be able to go to school and feel that's a safe space, and if they don't feel that openness at home and want to start using that language elsewhere, I don't think necessarily in that case a parent needs to know."

Hogan's statement said New Brunswick "is not the only jurisdiction engaged in this conversation," though it didn't identify any others.

"We want to have a conversation with New Brunswickers so we can hear their views, address misconceptions and concerns, and provide the very best educational environment for all our students."

The statement didn't say where that conversation would take place but emphasized the policy won't be repealed and the school system will respect human rights.

"We will always protect our most vulnerable and ensure they have a safe and inclusive educational environment," it said. "We respect and embrace differences in all of our students."

Request for clarity

Lamrock's report called on Hogan to make that clear.

The child and youth advocate also said there were no written complaints about Policy 713 from teachers or students.

"In my respectful view, that matters," he wrote.

"There may be some who would like to insert themselves into the school community to tell vulnerable kids that they don't like their choices, or their freedoms, or them. Politics is just letting the culture wars rage past the school doors. Leadership is drawing lines that keep our kids safe."

The policy, adopted in 2020, says students have the right to self-identify and express themselves without fear of consequence, and teachers must create a school culture where the students "see themselves and their lives positively reflected."

The policy allows students to pick which pronouns apply to them and requires teachers to respect their choice. It lets them establish gender-sexuality alliance groups without requiring parental consent or notification.

It also says each school must have at least one gender-neutral bathroom.

Lamrock's report includes the three emailed complaints.

One compares gender identity issues to "Marxist and racist critical race theory," another says Policy 713 marginalizes Christians, and a third asks about a widespread but debunked belief that students can identify as animals and use litter boxes in schools.

The New Brunswick Human Rights Commission also weighed in on the review this week, issuing a statement that it "expresses concern" about reports of a review.

"It is in times such as these that we should be able to rely on our government to uphold the culture of respect, equality, and dignity of all persons, which our society has achieved after prolonged sacrifices and hardships," it said. "These rights are here to stay."

The review prompted a protest at the New Brunswick legislature on Saturday and another by high school students in uptown Saint John on Monday.