M.DelleMonache_CaseStudy
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University of Guelph *
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Political Science
Date
Jan 9, 2024
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Uploaded by PresidentNarwhal3799
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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of a foggy statement, as technically, the parent still has to consent to their child being identified
in the way that they choose to be.
Another change to the policy that has come in the last few months is that health
professionals working in the schools will be allowed to use whichever name and pronouns the
child chooses, no matter what their age. This means that if the child is seeking a social worker or
psychiatrist, they can freely get help from them and ensure that they will be using whatever
gender affirming language they prefer, without having to run it past their parents first (Cooke,
2023). This can be very helpful as a first step for young children, as they can speak to a
professional who they know will not judge them and can help guide them in the direction they
are trying to push themselves to. This also allows the child to talk through their choices with
someone and not have it be a final decision. They can not only test the waters of their possible
true identity, but they can also seek help on how to share this identity with the world.
First Steps
If Policy 713 was to be overturned, a decision on whether Egale should take legal action
or not to protect their students and families has to be made. Although not the complete same
situation, a direction to turn to for advice would be policies and laws to do with same-sex
marriage. It follows the same principles as protecting the rights of 2SLGBTQI+ children, as they
are a part of the same community, and eventually will become a concern of theirs. Same-sex
marriage continues to be a sore spot amongst Parliament, which makes sense as to why a
government would think to take away the rights of 2SLGBTQI+ children. Although same-sex
marriage is legal in Canada, there is a large presence of judicial exclusivity amongst the political
process of the subject (Huscroft, 2004 & CBC, 2012 ).
Judicial exclusivity applies when there is a challenge to a public law and the claim being
made by a single party is now affecting the general public (Devins, 1998). This is often found
when it comes to cases made against the 2SLGBTQI+ community, as there seems to be a general
consensus made, then an opposing party goes against the wishes of the general public and tries to
reduce their rights. Parliament in 1999, before same sex marriage was legalized, had taken part in
“expressively endorsing” the traditional of opposite sex marriages (Huscroft, 2004). This is just a
coded way using their exclusivity factor to not allow for same sex marriages to become legal. It
was also discussed at the time that limiting marriages to opposite sex only was not a violation of
the Charter of Right. How this occurred, one can not be sure, but there is a clear bias in the
situation and blatant attempt to avoid attention to same sex marriages by boasting about
‘traditional’ marriages.
Alternative Advocacy
Considering how the idea of same sex marriage deals with negativity every day, and is
not legalized worldwide, it may not be worth the money for Egale to spend what it takes to take
legal action against the possible overtune of Policy 713. Instead, Egale should think up possible
alternative advocacy methods that would result in community support and a larger movement
that the government would have to take into consideration. The ability for them to create a
community supported movement would show the government that this is an extremely important
matter to not only their children and students a part of the 2SLGBTQI+ community, but to the
rest of Canada and possibly the world as well.
Campaigns that would gain public awareness, not only just in Eagle's community, but the
rest of Canada as well, are a great start to receive support and build a case as to why Policy 713
should stay instated. Although they can be a long and frustrating process, this is a chance to
make the goal of safety for the SLGBTQI+ community clear, and how this policy is needed to
continue keeping them safe. Policy campaigns allow for a goal to clearly be set and allows for
the general public to follow along, as any updates of change can be presented within their
campaign forum (Buckley, 2018 & Paul, 2017).
Using the children and families that are a part of the SLGBTQI+ community are a key
point to any alternative advocacy that might be used. Going the legal route means everything has
to be briefed and go through a lawyer. If Egale creates their own program for change, the
individuals that are being affected most by the policy change will be able to speak up and make
their views known. Hearing how difficult it is to live in a society that does not accept you,
straight from the source, allows people to find a connection to the cause and see first hand why
they should be participating in the policy campaigns or whatever movement they may start
(Canadian Civil Liberties Association, 2023 & Paul, 2017).
Although using alternative advocacy programs will still cost a great deal of money, going
a non legal route shows more compassion and drive for the cause. It comes straight from the
heart of the source and allows the general public to be let inside the homes of those affected by
the policy being revoked.
Conclusion
To conclude, Policy 713 is a very necessary and advanced policy for the SLGBTQI+
children of Egale and their friends and family. Every child should have the right to identify the
way that they choose and they should be protected under law to freely express themselves.
Although it seems as if legal action should be taken to reinstate the policy, using their own time
and money shows much more strength and compassion within this community. It allows for the
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public and the government to see why the policy is so important and how it helps each child and
family live a happier, more successful and safe life.
References
Buckley, S. (2018). Advocacy strategies and approaches: overview.
Association for Progressive
Communications.
https://www.apc.org/en/advocacy-strategies-and-approaches-overview
Canadian Civil Liberties Association. (2023). Policy 713, Respect the rights of trans and gender
diverse students.
CCLA.
https://ccla.org/major-cases-and-reports/policy-713/
CBC News. (2012). Timeline, Same-sex rights in Canada.
CBC.
https://www.cbc.ca/news/canada/timeline-same-sex-rights-in-canada-1.1147516
Cooke, A. (2023). N.B. makes minor ‘clarifications’ to Policy 713 after being told it violated the
Charter.
Global News.
https://globalnews.ca/news/9914354/nb-changes-policy-713/
Devins, N. (1998). Judicial Exclusivity and Political Instability. College of
William and Mary
Law School.
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1392&context=facpubs
Huscroft, G. (2004). Thank God We’re Here: Judicial Exclusivity in Charter Interpretation and
Its Consequences.
The Supreme Court Law Review: Osgoode’s Annual Constitutional
Cases Conference
25.
http://digitalcommons.osgoode.yorku.ca/sclr/vol25/iss1/8
New Brunswick. (2023). Policy 713.
Department of Education and Childhood Development.
https://www2.gnb.ca/content/dam/gnb/Departments/ed/pdf/K12/policies-politiques/e/713
-2023-07-01.pdf
Paul, S. (2017). 13 strategies for your advocacy campaign - part 1.
Civil Society Academy.
https://www.civilsocietyacademy.org/post/13-strategies-for-your-advocacy-campaign-part
-1