The Assembly of First Nations says the policies are “discriminatory,” “dangerously misguided” and “a clear violation of basic human rights.”
NationTalk: Regina Leader-Post – The Assembly of First Nations (AFN) says education policies introduced by the Saskatchewan and New Brunswick governments are “discriminatory,” “dangerously misguided,” an act of “legislative overreach” and “a clear violation of basic human rights.”
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Starting this school year — after an announcement only weeks before the start of term — Saskatchewan students under the age of 16 now need parental consent before they can change their names or pronouns in school.
Earlier in the summer, New Brunswick also significantly changed its existing Policy 713, which was introduced in 2020 to guarantee minimum support for LGBTQ students, such that it now bans teachers from calling a student under 16 by their chosen name or pronouns without parental consent.
Representatives of both provincial governments say these policies are intended to protect “parental rights,” and foster open communication between children and their parents.
Both policies are facing legal challenges. New Brunswick’s child advocate described the new regulations under Policy 713 as “overtly discriminatory” and national LGBTQ advocacy organization Egale Canada described Saskatchewan’s policy as “on its face, unconstitutional.”
The AFN says these policies will put First Nations youth at particular risk in school this year, and is calling for the Saskatchewan and New Brunswick governments to apologize and retract the policies before students are harmed.
“First Nations in Canada have a rich history of honouring 2SLGBTQQIA+ individuals,” AFN interim National Chief Joanna Bernard said in a statement. “This policy conflicts with our cultural norms and does not align with the principles of self-determination and identity that are vital to the health and well-being of First Nations in Canada.
“Further, this policy puts 2SLGBTQQIA+ youth in danger of being outed in unsupportive environments or being misgendered at school, both of which can have harmful consequences.”
Tyler George, a headperson for Ochapowace First Nation and Saskatchewan’s two-spirit representative to the AFN, said these policies continue a colonial legacy in Canada of punishing, controlling and erasing Indigenous people’s gender diversity, which has had profound and lasting consequences for two-spirit, queer and questioning youth today.
“Considering the high suicide rates among First Nations, especially within the 2SLGBTQQIA+ community, schools should be safe havens, not places where identities are subject to parental approval,” said George. “This new policy undermines our inherent rights to be who the Creator made us to be.”
George’s New Brunswick counterpart on the AFN two-spirit council, Chief Allan Polchies of St. Mary’s First Nation, says these policies are part of a pattern that speak to “the government’s ongoing effort to marginalize our most vulnerable.”
“This policy disproportionately impacts 2SLGBTQQIA+ students, denying them of the basic human dignity they deserve — a move that can only be described as an act of transphobia,” said Polchies.
With Saskatchewan and New Brunswick’s policies now in force, and other jurisdictions now considering similar policies, the AFN says governments must reverse course to protect youth.
“In a time when society should be moving toward inclusivity and understanding, these policies are a dangerous step backward … and set a harmful precedent that will adversely affect young people nationwide,” said the AFN.
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