The Crisis is Real: A Brief on Anti-Trans Policy in Canada

A counter-protester flashes a sign supportive of trans kids at a demonstration at the Vancouver Art Gallery that billed itself opposing ‘child medical-transition and gender identity in schools.’ Photo for The Tyee by Maggie MacPherson.

The crisis involving anti-trans policies in Canada has manifested through Christian Nationalist activists' efforts, school board infiltrations, and legislative changes, most notably seen in New Brunswick and Saskatchewan, further exacerbated by resolutions passed at the recent Conservative Party convention; this manufactured political wedge issue, affecting a minority of the population, stands in stark contrast to the pressing concerns of the majority regarding housing, food costs, and climate change.

Christian Nationalist activists have been targeting public education policies, including infiltrating school boards, attempting to ban resources like SOGI 123, disrupting meetings, and lobbying officials, which, until recently, primarily strained educators and trustees, while causing stress for students and supportive parents; this trend escalated when New Brunswick's Premier Higgs altered Policy 713, paralleling GOP policies in the USA, and triggered similar actions by other Conservative-led provincial governments.

New Brunswick

Policy 713, also called the Sexual Orientation and Gender Identity policy, is an education policy serving the province of New Brunswick, that sets minimum requirements for public schools and districts in the province to ensure a safe educational environment for individuals identifying and perceived as 2SLGBTQIA+.

The policy, established under the province's Department of Education and Early Childhood Development, requires school personnel to respect students' pronouns and chosen names, requires each school to have at least one gender-neutral bathroom, and requires schools to provide professional learning opportunities for school personnel to understand and support the needs of 2SLGBTQIA+ students. The policy also ensures that the establishment of a Gender-Sexuality Alliance club and any events or activities organized by such a club will be supported by school personnel and principals, with parental consent not being a requirement to join.

In May 2023, the policy was subject to controversy after the government announced it was being placed under review. The review has changed Policy 713 to forbid teachers in New Brunswick from using the preferred pronouns of students under the age of 16 without the consent of the student’s parents. The review has also removed any mentions of allowing students to participate in extracurricular activities that match their gender identity, including sports.

This move by the New Brunswick government on June 8, 2023 shifted the anti-2SLGBTQIA+ focus across Canada to parental rights, under the premise that parents have the right to know what their children are doing at school, in particular if they are using a preferred name over their given name, and if they have chosen pronouns that match their gender identity.

While Higgs and the Education Minister claimed they had hundreds of emails raising concerns about the existing Policy 713 (The Sexual Orientation and Gender Identity Policy) which they said necessitated a policy review, a FOIP request revealed there were no emails raising any concerns. None. In fact, Higgs alone had been raising questions about the policy with one of his cabinet members several months prior to the review. This leaves no question that the change was politically motivated. Further, Higgs has since raised his concerns about sexual education, gendered sports, and what he claims is teaching gender ideology in classrooms. 

Saskatchewan

Then, on August 22, 2023 the Saskatchewan government followed suit with this announcement:

“Education Minister Dustin Duncan today announced new parental inclusion and consent policies for Saskatchewan schools. 

As of today: Schools must seek parent/guardian permission when changing the preferred name and pronouns used by students under the age of 16 in the school; Parents/guardians must be informed about the sexual health education curriculum and have the option to decline their children's participation; and, Boards of education must immediately pause involvement with any third-party organization, such as ARC Foundation and the SOGI 1 2 3 Program, connected to sexual health education as the ministry undertakes review of educational resources to ensure alignment with curriculum outcomes. Only teachers, not outside third-parties, will be able to present sexual education materials in the classroom. 

This directive does not include professionals employed by government ministries or the Saskatchewan Health Authority. "Our government has heard the concerns raised by Saskatchewan parents about needing to be notified and included in their children's education in these important areas," Education Minister Dustin Duncan said. "We also determined that while all of Saskatchewan's school divisions had policies dealing with these matters, those policies varied from one division to another, so it was important to standardize these policies and ensure consistency of parental inclusion, no matter where your child goes to school." "Parent/guardian involvement is critical in every student's education," Duncan said. "Schools will continue to ensure safe learning environments where all students feel included, protected and respected." 

Parent/guardian consent for students under 16 will now be required to change a student's name or pronouns in the school. For students 16 and over, parent/guardian consent is not required.”

Soon after the Saskatchewan government announcement, Tanya Gaw, the head of Christian Nationalist organization Action4Canada claimed it was the result of their lobbying that brought about this “win.” Premier Scott Moe and the Education Minister claimed they were addressing concerns by parents, however Gaw stated they sent over 10,000 emails to the government, as well as having a meeting with the education minister. It is not known how many of those emails came from actual parents in Saskatchewan.

Conservative Party Convention Policy Resolutions

Several policy changes affecting trans youth and the 2SLGBTQIA+ community were introduced and won majority approval by delegates at the Conservative Party convention held in Quebec City September 8-9, 2023.

Resolution C-7: “A Conservative government will protect children by prohibiting life altering medicinal or surgical interventions on minors under 18 to treat gender confusion or dysphoria, and encourage positive mental and physical health support for all Canadians suffering from gender dysphoria and related mental health challenges.” 69% of delegates voted for this policy which denies life-saving gender-affirming care for youth. 

The Conservative Party just voted to prohibit life-saving gender-affirming care for anyone under 18 yrs old. This is health care supported by virtually every single major medical association, whose members recognize the medical necessity of treatments for gender dysphoria. /1

— TransParent OK (@TransParentBC) September 9, 2023

There are concerns about the broader reach of this policy with the reference to “all Canadians” and to what extent this will potentially affect transgender adults. As has been witnessed in the US, laws banning gender-affirming care started with youth and in many cases were expanded to include adults.

Resolution C-15:

Over 75% of delegates voted for C-15, a transphobic policy which defines a woman as “female” and proposes to ban trans women from cisgender womens’ sports, locker rooms, washrooms, shelters, and from receiving grants and scholarships intended for their version of woman. There is no evidence that trans women are any more of a danger than cisgender women in these spaces.

Also of note, 81% of delegates supported a policy to end "forced political, cultural or ideological training of any kind" at a workplace, such as mandatory diversity training and other such programs.”

Summary

Other political leaders, including CPC Leader Poilievre and Ontario Premier Ford have also chimed in on the “parental right” debate stating that parents rights come before government rights. This foreshadows further potential policy shifts against the 2SLGBTQIA+ community.

Take Back Alberta leader, David Parker, who claims responsibility for getting Premier Danielle Smith elected is promoting a “Save our Kids” right-wing extremist speaker James Lindsay at an event in Edmonton, so expect the Alberta Government to jump on the anti-trans bandwagon.

In British Columbia, the BC Conservative Party is now outpolling the conservative BC United Party (Formerly BC Liberals). The leader of the BC Conservative Party is openly anti-2SLGBTQIA+ and transphobic.

What is being ignored is that children also have rights for what is in their best interest, and in some cases this overrides the rights of parents. This comes into play when children are abused by their parents. Homelessness is a well known cost of coming out for queer youth because of parents who discard them. According to the most recent research, approximately 10% of the Canadian population identifies as 2SLGBTQIA+. By some estimates, 2SLGBTQIA+ youth make up between 25% and 40% of homeless youth in Canada. That means that nearly 1 out of every 3 homeless young people in Canada identifies as 2SLGBTQIA+.

What is clear is the anti-trans policy is a manufactured political wedge issue. The trans population in Canada is less than 1%. This appears to be driven by political opportunism to consolidate power and distract from the real concerns of the majority of Canadians about housing and food costs, and the impacts of climate change.

Studies show that gender-affirming care reduces mental health issues and suicide ideation among trans youth. individuals receiving gender-affirming care were 60% less likely to experience depression and 73% less likely to experience suicidality when compared to youths who did not receive gender-affirming interventions.

“The political debate is escalating at a volatile time. Trans [people] are four times more likely to be victims of violent crime than their cisgender peers, according to a 2021 study. Trans youth, who have been the primary focus of anti-trans legislation in the [US], are experiencing a mental health crisis: A 2022 survey by the Trevor Project, a suicide prevention group focused on LGBTQ youth, found that 86 percent of trans or nonbinary youth reported negative effects on their mental health stemming from the political debate around trans issues, and nearly half had seriously considered suicide in the past year.” --Nicole Narea and Fabiola Cineas, VOX

The influence of US politics is now being felt more than ever in Canada with the recent upsurge of anti-trans policy moves. The stress on the trans community, in particular youth and their supportive parents, is immeasurable and must be addressed. The crisis is real.