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Jan 9, 2024

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Maria Chiara Delle Monache 1081149 POLS 3130 Case Study #5 November 16th, 2023
Introduction Over the past few years, more attention has been put on the fact that there is a need to protect the rights of 2SLGBTQI+ identify persons. Although there have been a great amount of positive changes made, keeping those changes enacted and making these individuals feel safe in their own communities continues to be a struggle, especially when it comes to identifying youth in elementary and high school. As for the case of Egale in British Columbia, there is a chance that the progress they have made in the right direction will be undone. There is potential for Policy 713, which helps protect the rights of 2SLGBTQI+ students and allows them to be identified in whichever way they please, to be overturned. If this policy was to be revoked, would it be in the best interest of Egale to take legal action to have it reinstated? Considering there would be a large financial burden included with taking legal action, it is in the best interest of Egale to take alternative advocacy strategies that would include the general public and make a public statement to the government. Legal advocacy may not be the best option, but using real life examples of who this policy is helping would be able to make a loud, cost effective statement. Policy 713 The purpose of Policy 713 is to set out the minimum standard that schools need to meet to create a safe and inclusive environment. This means that the schools and everyone in them allow children to be their gender affirming selves, and the staff, families and allies who are directly and indirectly affected by a member of the 2SLGBTQI+ allow them to do so (New Brunswick, 2023). This policy also outlines grounds for punishment if someone were to not be abiding by the rules it sets out. There are legal considerations apart from the policy that states if any ounce of homophobia and/or transphobia or discrimination of any type towards a member of
the community will result in immediate repercussions for that individual. This coincides with Polci 703, Positive Learning and Working (New Brunswick, 2023). As an extra shield for the students, there is also a Supportive Alliance clause, which states that each school will have its own designated professional ally. This person will act as an advocate for all of the students and families in their school who identify as a part of the 2SLGBTQI+ community and will ensure they get the proper treatment they deserve (Canadian Civil Liberties Association, 2023). The list of sub clauses in Policy 713 go on and on, and all work towards creating a safe community for these children that will allow them to come into their own body and mind. Considering this policy outlines specific consequences for those who violate it, that is enough reason for why this policy should not be revoked. There have been some concerns recently when it comes to specific clauses in the policy, which has led to some recent clarifications on the policy. A concern of the policy had been that if a child is under 16 years old, the school had to have parental consent to use the name or pronoun the child may be requesting (Cooke, 2023). This brought up a few concerns because parents and allies saw it as infringing upon the Charter of Rights and Freedoms and the Human Rights Act because they are now not allowing children to express themselves in the way they find necessary, freely. If a parent does not agree with their child, that child now has to live with being called a name or a pronoun that they do not identify with, hindering their right to free will and speech. The Premier then responded to these claims saying that, it is not to turn down the child’s thoughts and feelings, their parents just have a right to know that their child is questioning their identity (Cooke, 2023). This has led to the clarification of; if the child is under 16 and wants to be called by a different name, they can, as long as it is concurrent with the gender they are identified as with their parents. This is still a bit
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