The Saskatchewan Advocate for Children and Youth, Lisa Broda, says she will be reviewing the Ministry of Education’s new policy to get parental consent when students under 16 want to change their pronouns or preferred first name.
“I just learned about this policy in the media and have not been privy or advised of these changes. I am deeply troubled by the impact this policy will have on the rights of children in Saskatchewan. Any new policy, legislation, law, or practice that may impact children and their rights compels me, under my legislative authority, to review and advise on such matters,” Broda said.
“As the Advocate, I must ensure the voices of young people are heard and that their rights are being upheld.”
She said she will be looking to see if children’s rights have been properly considered, and if there is an opportunity for discretion for children under the age of 16.
This new policy will be reviewed against the backdrop of children’s rights under the United Nations Convention on the Rights of Children, but will also be examined along with concepts like the Supreme Court of Canada’s mature minor doctrine, which says youth under the age of 16 have the right to demonstrate whether they have mature and independent judgement in decision-making.
“If a mature minor can make significant decisions related to their medical care under the age of 16, it would stand to reason that they could make a determination as to whether they wish to be referred to by a different pronoun, without undue interference.”
Broda said she will be looking to make sure children feel safe and supported in their school environment.
“There is no question that there are significant risks to the mental and physical safety of gender and sexually diverse youth who are not supported to express their authentic selves and their safety and well-being needs to be at the fore of any policy.”
Education Minister Dustin Duncan followed up with the policy announcement Tuesday, saying the government was looking to standardize policies across Saskatchewan’s school divisions.
“We want to ensure there’s a consistent policy to say, if a child does express an interest that they want to formally change their name and gender, that if they’re under the age of 16 that their parents will provide consent, or there will be a plan to support that student so that they can get to a place where they can tell their parents,” Duncan said Tuesday.
He said if a parent did not consent, teachers would be required to still use the original name or pronouns of the child.
“What I’m trying to keep in mind is we’re talking about children, we’re not talking about small versions of adults. We’re talking about children who don’t have the life experience that you or I have yet, whose brains are still being formed, who are struggling with all sorts of things like puberty and impulse control.”
The announcement was hit with several groups and organizations showing concern about the move, with the Saskatchewan Teachers’ Federation (STF) decrying the decision, saying it was made without meaningful consultation with experts in the education sector.
“The government has introduced a policy driven by political ideology, which will harm 2SLGBTQIA+ students. Similar policies in other provinces have been analyzed by child advocates and deemed to be unconstitutional. This policy raises questions of human rights and is in opposition to the United Nations Convention on the Rights of the Child,” the STF release read.
STF president Samantha Becotte called the policy “a political response to a government losing support in a by-election to a far-right party, following an isolated incident.”
“Once again, as with this government’s recent advertising campaign on teacher salaries, we are seeing education issues being tossed around like political footballs,” Becotte said.
Fran Forsberg is an advocate for the 2SLGBTQIA+ community in Saskatoon and described the new policy from the provincial government as “ridiculous and very archaic.”
“It’s like I’m in a time machine going backwards,” Forsberg said.
She said they’ve been fighting for recognition of gender expression and preferred names and pronouns for the past eight or nine years.
Forsberg addressed the parental consent portion of the new policy, saying she knows many kids who don’t have that kind of support at home.
She said of course parents will be concerned about what their child is learning in school, but said the onus should be on the parents to get involved in their child’s life and for the parents to educate themselves.
“If you’re not aware of gender and sexual diversity in children and youth, you don’t want to know, because it’s out there for you to educate yourself.”
OUTSaskatoon, an organization that advocates for the 2SLGBTQIA+ community in Saskatoon, sent a statement to Global News saying the policy statement from Duncan was disappointing.
“Gender minorities in Canada remain at increased risk for a myriad of negative outcomes throughout their lifespan, including forced-gender conformity, suicide, sexual and physical violence, criminalization, and poor health outcomes,” reads the statement.
While the intent of recognizing the important role of parents supporting their child seems well-intentioned, this policy is not supportive to students who may be struggling as they question their own identity, it continues
“For some children, school may be the only safe space they have, and this policy may force some children to come out to their families.”
OUTSaskatoon also addressed another part of the policy that bars third-party organizations from presenting sexual health materials in schools. They said teachers often depend on organizations like OUTSaskatoon to offer that kind of material, adding the organization received almost 100 requests to present in schools in May and June.
“Current information needs to be readily available both in and outside of schools. OUTSaskatoon encourages third party organizations to continue to build sexual health education materials for schools but for outside use as well, as there WILL be children looking for information outside of their schools.”
The Regina and Area Sexual Assault Centre also noted their disappointment with the province.
“The Minister’s decision displays a shocking ignorance of the challenges and risk that have been created,” read the sexual assault centre’s release.
The organization said their work doesn’t delve into sexual health, but they’ve received signals that their presentations at school won’t resume in the fall until administrators work through the details.
It said they’ve offered dozens of presentations within the last year in classrooms focusing on consent, healthy relationships and abuse prevention.
“Not once have we received negative feedback or concerns from schools or parents. This work now appears to be at risk and it is heartbreaking.”
“Minister Duncan has suggested that teachers have the information and are equipped to teach this in classrooms – we would suggest, based on our own experiences, that many teachers are uncomfortable with these topics. Many teachers also have their own personal experiences with abuse, which makes teaching it even more difficult and sometimes retraumatizing,” the release added.
Tamara Hinz is a child and adolescent psychiatrist and an assistant professor at USask, and said nobody that she knows in her field was part of any sort of consultation regarding the province’s new policy.
She called this a shocking departure from current practices in most schools, especially regarding children’s preferred names and pronouns.
“Kids and teenagers, literally the developmental task of that age group is figuring out who they are as a person.”
She said sexuality and gender identity are a big part of that, noting it can be a fluid process or a very fixed one.
Hinz said clinically, best practices often mean following the kid’s lead, accepting that child where they are at.
“Sometimes they go by one name at one appointment and another name at another appointment and I try to go with the flow. I find that a lot of kids will test out those waters with their peers at school, sometimes before bringing that home to their families.”
She fears that schools may no longer be a safe space for kids who may not feel safe or comfortable discussing gender issues with their parents before they are ready.
Hinz worries that the policy might be too simplistic or unrealistic, noting extreme cases do exist.
“In extreme cases, some families are not going to be a safe place for those kids to come out. I’ve got patients who’ve been threatened that they’ll be kicked out, that they’ll be disowned. There’s a serious risk of abuse if some of these issues are disclosed at home.”
She said even in less extreme circumstances, Hinz worries that the best interest of the child is not centred here.
“These are sensitive topics that should be led by the child, those timelines should be led by the child.”
Kseniah Pidskalny is the coordinator for the USask Student Union Pride Centre and said the news of the new policy was frustrating.
“It seems to be this ongoing struggle in terms of what it means to be trans in this province, and this fear that’s surrounding the idea that it’s somehow indoctrinating kids, when it’s really not the case at all,” Pidskalny said.
She said these policies continue to isolate queer youth.
Pidskalny gave an example of a high school student who came by the centre and did not have a home that was accepting of a different preferred name or pronouns. She said the centre and that student’s school were the only safe spaces for them, and Pidskalny wondered what would happen to that kid.
“Do the teachers now need to get permission to continue to call that student by their proper name?”
She worries this will increase the chances of kids like that struggling with their mental health, or further isolating themselves.
Pidskalny said this policy unnecessarily involves the provincial government and the education system.
“Kids are fully capable of figuring this stuff out by themselves. We don’t give children enough credit, by all means they know who they are.”
Global News reached out to the Ministry of Education to see what specific organizations and individuals were consulted in regards to the new parental inclusion and consent policies and received a statement.
“Over the course of the summer, the Ministry of Education, the Minister of Education, and MLA’s heard from concerned parents and guardians across the province regarding sexual health education, including many parents and guardians of school-aged children,” reads the statement.
“The Ministry of Education regularly has discussions with various groups and organizations about a wide range of topics related to education.”
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