Province argues against school psychologist, teacher unions joining gender-identity suit

The New Brunswick government wants to block the unions representing school psychologists, teachers and support staff from joining a lawsuit against the province's gender-identity policy for schools.

The Canadian Civil Liberties Association filed the lawsuit last fall. At issue is a policy that required school staff to get parental consent before they can use a student's chosen name and pronoun, if the student is under 16.

The civil liberties group argues the policy goes against the provincial education and human rights acts, and breaches students' charter rights.

The unions are three of nine organizations that have filed to become part of the case. They say they would be able to provide the perspective of school staff, who are required to follow the policy.

They say the policy could force them to breach children's rights by denying their request for a specific name or pronoun, and it also violates their freedom of expression.

Clarence Bennett, the lawyer representing the province, said this case is about the students' rights, not the rights of the staff. He said the unions have nothing to add to the case.

Joël Michaud spoke on behalf of the New Brunswick Union, representing school psychologists and social workers, as well as the New Brunswick Teachers' Federation. In an interview, he said union members are "caught in the middle" of this policy, and whatever that's decided in court would affect them. That's why they want a seat at the table."

"The issue will be debated. All we want is the opportunity to be there and to contribute to this debate."

Bennett argued the unions have filed grievances, and that's how they can have their voices heard. Michaud said that typically, issues would be resolved through the grievance process.

But in this case, the lawsuit is brought by someone who's not the employer or the union, so the unions' voice won't be represented unless they intervene.

Glen Gallant, the lawyer for CUPE Local 2745, which represents educational and clerical support staff, said being a school staff member comes with "a level of trust," from the students, and the policy potentially requires that they break that trust.

'There's no urgency,' province's lawyer says

The civil liberties association has been waiting for documents related to the province's decision to change Policy 713, but Bennett said in court Monday that the province is not to blame for delays in the case.

He said even though the association filed the lawsuit in September, they were "only granted public interest standing" in December. He said the association was also asking for a lot of records.

He said there's another lawsuit about the same policy filed in Moncton recently. He said the province was given a deadline in that other lawsuit, which is taking up resources.

"There's absolutely no urgency" to the civil liberties case, especially since the policy has been in place and the school year is almost over, he said.

During the hearing Monday, Justice Richard Petrie said he does see urgency.

"I see this as a priority matter," he said.

At the end of the hearing, he said he will do his best to decide on all intervener applications by May 6.