This Pride season, we should be enjoying a time of reflection and celebration of the progress made to advance the rights of 2SLGBTQI+ people and all those who made it possible.

Yet, across Canada, issues of sexual orientation as well as gender and expression identity have gained attention due to a resurgence of hatred towards 2SLGBTQI+ people and communities. 

There are reports of rising threats, violence and scrutiny, jeopardizing the fundamental rights and safety of these communities.

The province of New Brunswick is no exception, with the concerning results of the recent revision of Policy 713.

New Brunswick’s Policy 713 came into effect in August 2020. It establishes the minimum requirements for public schools to be safe, inclusive and affirming environments for all 2SLGBTQI+ students. 

Despite widespread recognition that it is good policy, the current government administration has decided to subject it to a controversial review.

At issue in this revision were provisions dealing with access to washrooms on the basis of gender identity, participation in team sports and permission for students under 16 to change their first names and choose their preferred pronouns at school, without requiring parental knowledge or consent.

While this review seemed harmless to many, let’s remember that any challenge to minority rights is a threat to the integrity of the right in question. Even in a country like Canada, fundamental rights cannot be taken for granted; we must be vigilant that they are protected and not taken away.

The announcement of the new version of Policy 713, which will prevent students under 16 from using the first name or pronoun of their choice at school if their parents have not authorized it, only confirms this premise. 

It is in this context that we wish to reiterate that, in addition to being bound by its own legislative framework in matters of human rights, the government of a province is subject to the provisions of the Canadian Charter of Rights and Freedoms. 

The Charter makes it abundantly clear that everyone has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. The Supreme Court of Canada has been unequivocal that sexual orientation is a ground on which a complaint of discrimination can be based. 

Additionally, courts can determine other prohibited grounds analogous to those listed in the Charter, notably when they are directed against an immutable personal characteristic.

As legislators, we believe that any legislative, regulatory or policy approach should aim to advance rights rather than limit them. In 2020, Policy 713 was implemented to do just that: ensuring 2SLGBTQI+ students are able to learn, live and thrive in safe and affirming education spaces.

We should all be concerned about the regression of 2SLGBTQI+ students’ rights.

We must not strip students of their right to non-discrimination and safe learning environments.

Given that the new version of Policy 713 will not come into effect until July 1, 2023, we can only hope for a positive development leading to a reversal on the self-identification provision.

At a time when we are concerned about the results of the review of Policy 713 and the climate surrounding the 2023 Pride season, we reiterate that it is everyone’s duty to work toward making our society more open and inclusive.

It is the responsibility of parliamentarians, governments, parents, civil society organizations and citizens to be caring, to recognize the realities of 2SLGBTQI+ people and to commit to advancing their rights through concrete action.

Senator René Cormier represents New Brunswick in the Senate.

Senator Kim Pate represents Ontario in the Senate.

A version of this article appeared in the June 10, 2023 edition of the Telegraph-Journal.