The Saskatchewan child advocate asserts that the school pronoun policy infringes upon individuals’ rights.
The child advocate of Saskatchewan has published a report, stating that the provincial pronoun policy within schools contravenes the rights related to gender identity and expression.
“The policy clearly discriminates against transgender children who are unable or unwilling to seek parental consent for the use of their preferred name and pronouns,” said Lisa Broda in a 41-page report.
She asserted that the policy is not only in conflict with the law but also discriminatory. Every individual, irrespective of their age, possesses an inherent human right to have their gender identity and expression honored.
Last month, the provincial government announced a new requirement for parental consent for children under 16 who wish to use different names or pronouns at school.
Dustin Duncan, who was the education minister at the time, stated that the province aimed to standardize pronoun and naming policies across school divisions, citing concerns raised by some parents and teachers.
A legal challenge has been initiated against this policy, and the government has indicated its intention to formalize it through legislation this autumn.
Premier Scott Moe recently mentioned his readiness to employ the notwithstanding clause to safeguard the policy.
The province has also stated that schools are expected to provide support to children who may not receive acceptance at home due to their gender identity, although specific details on how this support will be implemented remain undisclosed.
The report highlighted that the transgender students who experience a lack of self-identity acknowledgment at home also encounter a parallel denial of their identity within the school environment. Consequently, the policy disproportionately marginalizes the most vulnerable transgender students.
“The Ministry of Education acknowledges the Advocate’s comments in the report and agrees with her that there are various positive impacts derived from the policy, such as recognizing the importance of parents and guardians in supporting a child’s development,” it said in a statement.
“The Government of Saskatchewan remains committed to protecting the right of parents to be involved in their children’s education and to implementation of the Parental Inclusion and Consent policy.”
In a brief response to the report, the Saskatchewan government did not address the concerns raised by the children’s advocate.
“The Ministry of Education acknowledges the Advocate’s comments in the report and agrees with her that there are various positive impacts derived from the policy, such as recognizing the importance of parents and guardians in supporting a child’s development,” it said in a statement.
“The Saskatchewan government maintains its commitment to upholding parents’ rights to participate in their children’s education and to the implementation of the Parental Inclusion and Consent policy.”
Earlier this year, New Brunswick’s attempt to implement a similar policy faced strong opposition from LGBTQ groups.
In New Brunswick, Child and Youth Advocate Kelly Lamrock concluded that the policy violated the province’s Human Rights Act, the Education Act, and children’s Charter rights.
Broda mentioned that, to her knowledge, the Saskatchewan Party government did not engage in consultations with school boards, teacher organizations, school staff, experts, or the Saskatchewan Human Rights Commission regarding the matter.
“Considering that recognition of gender identity is a human rights issue with significant impact on young people, it is notable that children and youth – and specifically transgender and gender diverse children and youth – were not consulted, despite being the rights holders directly impacted,” Broda said.
She pointed out that research has demonstrated that young individuals face an elevated risk of self-harm when they are unable to authentically express themselves. Moreover, the policy places school staff in a challenging predicament, as they may find themselves knowingly violating a student’s rights by persistently using incorrect gender pronouns if parental consent has not been obtained.
“Children are human beings with their own rights and legally recognized ability to make certain personal decisions in accordance with their maturity and capacity,”
