Experts say Policy 713 may become a legal battle for New Brunswick

Policy 713 will likely become a legal battle for the province of New Brunswick, according to some experts.

The Canadian Civil Liberties Association said in a release, "the changes to Policy 713 are discriminatory.”

“They will harm young people when school resumes in the fall. The CCLA will take every action necessary to protect the human rights of children in New Brunswick."

Legal scholars are now considering the potential of court action.

"It's not particularly unusual in a post-charter world,” said Wayne Mackay.

“But, it's not something a government ever wants to see and it’s still a pretty unusual thing in Canada, more so than the United States,” Mackay said.

The New Brunswick Teachers Association says the government's adjustments to the policy don't go far enough.

“It is unfortunate that Minister Hogan has dismissed the advice of medical professionals and legal experts regarding Policy 713,” Peter Lagacy, president of the NBTA said in a statement.

“The NBTA implores the minister to reconsider his stance as it places teachers in a difficult professional and ethical dilemma,” Lagacy’s statement went on.

The province's education minister sought to define when preferred names and pronouns can be used. Professionals such as guidance counselors, psychologists and social workers may use them with students in private.

But teachers must use the name agreed upon by parents, in a public classroom.

"The possible violation of teacher rights in a number of ways they too would have charter rights to freedom of expression within limits,” Mackay said.

“But, also ethically and professionally some teachers have gone on record saying they disagree with this policy,” he said.

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