N.B. judge allows three groups to intervene in Policy 713 case

A judge's gavel is seen in this file photo.

A Court of King’s Bench judge is allowing three groups to submit oral arguments and written briefs as part of a larger legal dispute between the New Brunswick minister of education and the Canadian Civil Liberties Association (CCLA) over Policy 713 changes.

Policy 713 requires students under the age of 16 to receive parental consent before they can change their pronouns or preferred first names at school,

According to a written decision dated last Friday, Justice Richard G. Petrie ruled the MADHU Verma Migrant Justice Centre, the New Brunswick Refugee Clinic (NBRC), Women’s Legal Education and Action Fund (LEAF), and the Association for Reformed Political Action Canada (ARPA) can serve as “friends of the court” in the Policy 713-related case.

The ruling allows the groups to make oral arguments and submit written briefs about the subject matter.

“I accept that allowing the proposed interventions will not delay the litigation, nor prejudice the parties,” Petrie wrote. “I’m also satisfied that each proposed intervenor can provide helpful arguments to this Court.”

According to the decision, the CCLA filed for judicial review and declaratory relief seeking to challenge the minister of education’s decision regarding Policy 713 on Sept. 6, 2023. The policy change, which sparked debate across the province, now requires schools to get parental permission before using a student’s new name or pronoun if the student is under the age of 16.

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MADHU, NBRC, LEAF, and ARPA all filed motions to intervene as “friends of the court” in the case.

The written decision says MADHU and NBRC submitted a joint motion, claiming “changes to Policy 713 threatened to retraumatize and marginalize refugee and migrant youth with diverse sexual orientations, gender identities, expressions and sex characteristics.”

LEAF, which the decision notes has nearly 40 years of experience advocating for gender equality rights, submitted its motion last November.

“LEAF would appear to have considerable experience by way of its intervention in numerous cases across the country including in New Brunswick with respect to assisting Courts on ‘substantive equality issues’ under the Charter including in the education setting,” the decision reads.

The ARPA, described as a “Reformed Christian, political and legal advocacy organization” in the decision, has intervened in cases across the country.

“ARPA was granted leave to intervene, with permission to introduce evidence at trial, in PT et al v HMTQ et al at the Alberta Court of Queen’s Bench on January 8, 2019,” the decision reads. “That case involved a challenge to an Alberta law that required religious schools to host gay-straight alliance clubs without informing parents about their membership or activities. That case was withdrawn when the Alberta legislature repealed the impugned statute later in 2019.”

Justice Petrie said all the groups established a “sufficient basis” to intervene, although he restricted MADHU and NBRC from raising international treaty obligations by the province in their arguments.

“I am satisfied that all of the proposed ‘friend’ intervenors intend to bring forth arguments from their own unique perspective and that those would not necessarily be perspectives that would be advanced by the parties themselves,” Petrie said.

For more New Brunswick news visit our dedicated provincial page.