Changes to the province’s gender identity policy in schools will be the subject of a new report coming out on Tuesday.

New Brunswick’s child and youth advocate has spent several weeks reviewing controversial changes to Policy 713.

The results of that review are set to be released by Kelly Lamrock during a news conference in Fredericton.

Lamrock began his review as a result of a motion adopted in the provincial legislature two months ago.

The Liberal motion passed 26-20, with six Progressive Conservative MLAs voting in favour of the review.

Changes to the policy

Education Minister Bill Hogan made changes in three areas of the policy, though it was one change in particular that has garnered the most attention.

Teachers are no longer allowed to use a child under 16’s preferred name or pronoun, formally or informally, without parental consent.

Students have always required parental consent for their preferred first name and pronoun to be used for recordkeeping purposes. However, there was nothing preventing a teacher from doing so informally.

The updated policy does not explicitly ban the informal use of preferred first names and pronouns, but Hogan has told reporters that teachers will require parental consent.

Under the new policy, if a child does not want to involve their parents, they will be directed to a school social worker or psychologist to come up with a plan to do so “if and when they are ready.”

While the Higgs government has said the change is meant to ensure parents are included in their children’s education, opponents say the policy now requires school personnel to misgender and deadname trans students.

Another change to the policy relates to wording surrounding participation in school activities, including sports.

The previous policy all students will be able to participate in activities “that are safe, welcoming, and consistent with their gender identity.” The new policy removes any mention of gender identity.

The government also reviewed a section of the policy that allows access to washroom facilities on the basis of gender identity.

No changes were made to the existing sections, but a section was added which says: “Private universal changing areas will be available in all schools.”

What is the advocate looking at?

The advocate said he would consider the three areas in which the Department of Education has focused its review and proposed changes:

• The process by which children may self-identify or explore their gender identity and/or sexual orientation and the supports and inclusive services schools should offer consistent with their rights and best interests.
• The availability of washroom and changing facilities and other private spaces to all students in conformity with their gender identity and consistent with the rights of all students to reasonable privacy, dignity, and equality.
• The regulation of extracurricular and co-curricular activities in a manner which respects children’s rights of equality and participation and the legitimate public interest in fair competition and a broad range of activities.

In addition, Lamrock said the review would also consider the following issues:

• The processes for informing and involving parents consistent with established rights, duties of educators, and the best interests of children.
• The conformity of Policy 713 with established human rights law as expressed in federal and provincial human rights codes, constitutional principles under the Charter of Rights and Freedoms and international treaties to which Canada is a signatory.
• The quality of services and supports to LGBTQI2S+ students and improvements to the inclusion and experience of LGBTQI2S+ in the broader school community.

Lamrock said the review would not consider any potential change which removes the goals and objectives of the policy, removes established human or legal rights of children, or “violates the statutory or regulatory legal responsibilities of any professional employed within the school system.”

He said he would also not consider any changes that will impose barriers upon LGBTQ+ students’ participation in the school community or permits violence, harassment, discrimination or hate speech directed at any student, teacher or parent.