Two government MLAs say that the safety of children should be prioritized as the province reviews a piece of its LGBTQ2 inclusion policy.
The province is reviewing Policy 713, which sets out standards to create an inclusive environment for LGBTQ2 students in the school system. Premier Blaine Higgs told reporters Tuesday that he has issues with a piece of the policy that allows students under 16 to go by their preferred name or pronouns in the learning environment without parental consent.
“For it purposefully to be hidden from the parents, that’s a problem,” he said.
Higgs said the province wants to ensure that all students feel safe and welcome in the school environment, but said that parents have a right to know what is happening with their kids at school, even if it were to potentially put a student at risk.
“That’s where the difference between child and adults, that’s why we have children and that’s why we have adults, that’s why we have parents,” Higgs said.
“To suggest that it’s OK that parents don’t need to know, just stop and think about that.”
Some in the premier’s caucus say that the province’s first priority should be ensuring that queer students are safe. Backbench government MLA Andrea Anderson Mason says that may mean putting the interests of a child ahead of those of their parents.
“We need to be looking at what’s in the best interest of the child,” she said.
“My background has been in the courtroom and I’ve seen many a child custody case where we’ve seen vulnerable children involved and we know that the courts have said that not only in the best interest of the child paramount, it is the only thing to consider.”
Anderson Mason, the MLA for Fundy-The Isles-Saint John West, says that she does see some issues with the policy that could be corrected with the review, but those issues have to do with the technical construction of the policy which she calls “poor drafting.”
The content of the policy doesn’t need to be reviewed, she said.
“Is there a need to review the spirit or the intent? I think as far as that goes it is well-drafted.”
Aboriginal affairs minister Arlene Dunn also spoke about the importance of ensuring the safety of children as the policy is reviewed. She said it’s important to recognize that school can be a safe space for queer kids that don’t have a supportive environment at home.
“There’s certainly justification for the parents wanting to know that but we also have to be cognizant that not all kids come from environments that are supportive and could actually be detrimental in terms of them going back and having that discussion with their parents,” she said.
Dunn said that it was “quite surprising” to herself and a number of her caucus colleges that the policy was being reviewed, after only being implemented in 2020. But she says it’s essential that no rights are removed from students and that people with lived experience are allowed to weigh in
“I think it’s one of the things the government needs to do better at, all governments across Canada, is sometimes we make policy decisions without actually talking to people who live it and breathe it every single day and I think it’s important for us to take those views into consideration,” she said.
“These kids are number one, their safety is number one, their health is number one and we can’t take away any rights that they have already and we’ve got to make sure that they’re safe and protected, period.”
Both Higgs and Education Minister Bill Hogan have said that the policy is under review after the government received hundreds of complaints from parents and teachers. The review has sparked large protests, with hundreds gathering on the grounds of the legislature on Saturday and a large number of students rallying in support of the policy in Saint John on Monday.
The province’s child and youth advocate released a report Tuesday that called the review “broken and incoherent,” and found that the review was launched after receiving only three emailed complaints, with none coming from teachers or students.
Anderson Mason said one way to avoid sparking fear with the review of policies or legislation is to have automatic reviews after a certain period of time.
“We should have a schedule where we regularly review policy and legislation,” she said.
“Do I think that Policy 713 needs to be reviewed? I think that might be another story.”
Former education minister Dominic Cardy, who now sits as an independent says that Higgs had brought some concerns about the policy to caucus in 2020, but that it was received broad support. Most PC MLAs approached by Global News on Wednesday declined to comment on the review, but those that did speak, including Anderson Mason and Dunn, said this was the first time the policy had been broached in caucus.
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