According to emails, an early draft of Saskatchewan’s school pronoun policy would have let teachers use a child’s preferred identification if there was concern the student faced danger when parents were notified.
Premier Scott Moe’s government announced the policy last year, requiring teachers to have parental consent when children under 16 want to change their names or pronouns. This move has received widespread criticism from human rights groups and the province’s advocate for children, who say it violates rights to gender identity and expression.
More than 2,200 pages of documents and emails recently obtained by The Canadian Press under freedom of information laws provide insight into what provincial employees were considering as they came up with the policy.
The heavily redacted emails show that starting around Aug. 10, employees were researching a similar policy brought in months earlier in New Brunswick.
The subject line in many of the emails was “rush jurisdictional scan,” and they show employees also looked to educational policies in Canada and the United States.
Saskatchewan’s early policy draft allowed administrators to use discretion if they believed children could be put at risk if their parents were notified.
It stated that when gaining parental consent is not in the best interest of a child or could result in physical, mental or emotional harm, “the director of education or designate may choose to accept the consent of student under the age of 16, if they believe that the student is sufficiently mature to understand and explain their rationale for the decision, as well as the impact and implications of their decision.”
That option was removed less than two weeks later, when the education minister at the time, Dustin Duncan, announced the official policy. That version said an appropriate school professional would work with an at-risk student to develop a plan to speak with the parents.
Emails show information was provided to teachers and schools at the time of the official policy announcement. In situations with an unsafe student, “school personnel will have to continue using the child’s birth name and pronoun in class” until they get permission from parents.
The government did not say why the draft policy was changed.
In an emailed statement, the province said the policy, which was later passed into legislation, was the result of the “government listening to parents about wanting to be more included in their children’s education.”
According to emails previously obtained under freedom of information laws, the government received 18 official complaints last June and July before it implemented the policy in August. Court has heard it was developed in nine days.
Cee Strauss, a senior staff lawyer with the Women’s Legal Education and Action Fund, stated that “It’s clear that the government policy and decision making on this issue wasn’t thoughtful or based on any evidence.”
The group has intervener status in a current legal challenge of the legislation.
The government used the notwithstanding clause in the Charter of Rights and Freedoms to pass the law last year. Government lawyers have argued that the law does not violate the Charter.
Earlier this year, Justice Michael Megaw decided that UR Pride, a group supporting LGBTQ people in Regina, is permitted to continue its challenge of the law. The justice minister of Saskatchewan has declared that the province will oppose the ruling.
Strauss, who prefers they and them pronouns, mentioned that the original version of the policy would still have been harmful for transgender and non-binary students.
“It would still have resulted in trans children being forced to reveal their identity to their parents, decided by the education director,” explained Strauss.
These kinds of policies are causing lasting damage to children, Strauss stated, as using the incorrect pronouns and names repeatedly is deeply distressing.
There is a growing anti-transgender movement occurring nationwide, according to Strauss.
Alberta also unveiled its proposal for pronoun legislation earlier this year. It would mandate parental approval for students aged 15 and below to change their names or pronouns at school. Students aged 16 and 17 would not require approval, but their parents must be informed.
Alberta also announced its intention to limit gender affirmation treatments for adolescents, education on gender and sexuality in schools, and the involvement of transgender women in sports.
A letter signed by over 400 Canadian artists was released last weekend condemning the actions of Saskatchewan, Alberta, and New Brunswick. Notable signatories of the letter include actor Elliot Page and music icons Neil Young and Anne Murray.
