Dear Supporters,
We are writing today to ask you to join us in publicly supporting New Brunswick Child and Youth Advocate Kelly Lamrock’s thoughtful recommendations regarding the Government of New Brunswick’s unilateral changes to how our public schools interact and support transgender and non-binary students, their families and the wider 2SLGBTQAI+ community via Policy 713 (Sexual Orientation and Gender Identity).
The title says it all: On Balance, Choose Kindness.
The full report can be found here; https://bit.ly/3sk2Bvy
As you are likely aware, on June 8, 2023, the Government of New Brunswick opted to unilaterally limit the rights of children and youth in the public education system by making changes to Policy 713. The reason provided was to enhance and protect parental rights, despite any evidence that this was a significant problem in our province or that the changes to Policy 713 were rooted in sound analysis.
Neither of us would change our businesses on such scant evidence; no democratic government should either.
After significant community pushback and anger, the Legislative Assembly instructed Mr. Lamrock to review the changes, which he did via over 400 public submissions and approximately 50 follow-up interviews and exchanges. On Tuesday, Aug. 15th, he released his 90-page report.
His report is nuanced, fact-based and empathetic to the diversity of views on an issue infused with strong emotions from all sides. Mr. Lamrock has given us hope for a pragmatic and empathetic solution. “There may be more common ground in the discussion among people of good faith than the public debate reveals,” wrote Mr. Lamrock. “I have not seen any submission which opposes the involvement of parents in the lives of their children or expresses any desire for parents to be excluded, deleted, or omitted.”
Instead, Mr. Lamrock notes, the debate is about how much the state should do via teachers, social workers, guidance counsellors and principals and how much weight should be given to children’s desires.
Mr. Lamrock recommends 20 changes to Policy 713, three recommendations to the government and one recommendation to the district education councils (see attached).
We fully support Mr. Lamrock’s recommendations and thoughtful analysis and ask that you join us in endorsing his report. Please write to The Premier, Minister of Education Bill Hogan and the remaining government members to voice your support and ask the Government of New Brunswick to move quickly to endorse and adopt those recommendations for the start of the 2023 school year.
They can be reached here;
Premier Higgs Blaine.Higgs@gnb.ca
Minister of Education Bill Hogan Bill.Hogan@gnb.ca
Daniel Allain Daniel.J.Allain@gnb.ca
Minister Richard Ames Richard.Ames@gnb.ca
Minister Kris Austin Kris.Austin@gnb.ca
Minister Kathy Bockus Kathy.Bockus@gnb.ca
Jeff Carr Jeff.Carr@gnb.ca
Michelle Conroy Michelle.Conroy@gnb.ca
Minister Gary Crossman Gary.Crossman@gnb.ca
Ryan Cullins Ryan.Cullins@gnb.ca
Mike Dawson Mike, Dawson@gnb.ca
Minister Arlene Dunn Arlene.Dunn@gnb.ca
Minister Bruce Fitch Bruce.Fitch@gnb.ca
Minister Ted Flemming Hugh.Flemming@gnb.ca
Minister Jill Green Jill.Green@gnb.ca
Trevor Holder Trevor.Holder@gnb.ca
Minister Mike Holland Mike.Holland@gnb.ca
Margaret Johnson Margaret.Johnson@gnb.ca
Bill Oliver Bill.Oliver@gnb.ca
Minister Glen Savoie Glen.Savoie@gnb.ca
Minister Rejean Savoie Rejean.A.Savoie@gnb.ca
Minister Tammy Scott-Wallace Tammy.Scott-Wallace@gnb.ca
Dorothy Shephard Dorothy.Shephard@gnb.ca
Minister Ernie Steeves Ernie.Steeves@gnb.ca
Minister Greg Turner Greg.Turner@gnb.ca
Ross Wetmore Ross.Wetmore@gnb.ca
Mary Wilson Mary.Wilson@gnb.ca
Minister Sherry Wilson Sherry.Wilson@gnb.ca
Andrea Anderson-Mason Andrea.AndersonMason@gnb.ca
The Advocate recommends the following changes to Policy 713:
1. That the Policy affirm the universal right of all students, consistent with their capacity
and whether for the purposes of gender identity or not, to choose how they wish to be
addressed.
2. That the Policy provide guidance to school personnel in the Definitions section on what
capacity is and augment Policy 713 with additional resources to guide school personnel,
including clear guidance on evaluating capacity with specific guidance to be provided for
cases involving children with disabilities, students whose first language is neither English
nor French, and students of diverse cultural backgrounds.
3. That the Policy retain the provision that official records can be changed unilaterally by
students at age 16.
4. That the Policy establish and define the right of all students to choose how to be
addressed in informal, daily interactions consistent with their evolving capacity and
establish the presumption that a child has capacity to make this decision starting at
Grade 6, consistent with policies in Quebec, Nova Scotia, and Newfoundland &
Labrador.
5. That the Policy explicitly provide direction for educators to encourage, facilitate and
provide tools to the students in talking with their parents as an important and
recommended accommodation, and provide professional development to school
personnel in this regard.
6. That the Policy adopt language advising school personnel not to misinform or mislead
parents, but instead affirmatively advise parents of the limits of school disclosure and
the tools parents have for talking with their children about issues of gender identity.
7. That the Policy adopt language reminding educators of the importance of parental
support and involvement, and explicitly include supporting the child in talking to their
parents as a positive intervention (when done in compliance with statutory reporting
guidelines regarding risk of harm).
8. That the Policy be augmented by additional resources to provide guidance for schools in
assessing capacity and providing accommodations for students in elementary schools
consistent with the child’s Section 15 Charter right to inclusion and accommodation.
9. That the Policy establish the right of students, regardless of age, to have
accommodations which allow them full participation in the educational and community
life of the school.
10. That the Policy clearly establish that the Principal is responsible for developing plans for
students in elementary school who have not consented to parental consultation, and
allow the Principal to use their professional judgement in engaging mental health
professionals, rather than arbitrarily direct all gender-diverse students to mental health
professionals.
11. That the Policy explicitly incorporate existing statutory notification provisions to avoid
conflicts with existing legal obligations.
12. That the Policy explicitly incorporate existing statutory privacy provisions to avoid
conflicts with existing legal obligations.
13. That the Policy explicitly incorporate existing professional codes of ethics to avoid
conflicts with existing legal obligations.
14. That the Policy provide teachers and school personnel with guidance on appropriate and
inappropriate interventions, including provisions which respect appropriate limits of
role and expertise for school personnel.
15. That the Policy restore language explicitly restricting school personnel from outing
students without their permission.
16. That the Policy require schools to take steps to ensure that students’ names in the
official record are not used without their consent in situations such as roll call,
videoconferencing, assemblies, and classrooms where there is a supply teacher.
17. That the Policy provide specific guidance on the quality and accessibility of private,
gender-neutral washrooms and changing facilities.
18. That the Policy mandate schools to use best efforts to accommodate all students on
field trips and extracurricular activities.
19. That the Policy restore language protecting students’ right to participate in activities
consistent with their gender identity.
20. That the Policy explicitly require schools to establish or adopt arms-length regulation of
interscholastic sports competition at the middle and high school levels.
The Advocate further makes the following recommendations to government:
1. That the Department be provided such capital resources as needed to follow through on
its evolving standards for safe and private washroom and changeroom design.
2. That the Departments of Health, Justice and Public Safety, Social Development and Education and Early Childhood Development collectively undertake a review of all statutory age limits, including those provided in the Education Act, Medical Consent of Minors Act, Vital Statistics Act and other analogous legislation, and apply the law of evolving consent and the duty to assess the capacity of minors as set out in the Charter of Rights and Freedoms.
3. That the Department establish a five-year review for Policy 713 and set out criteria and processes in advance to evaluate its effectiveness.