1. Title of Resolution:

End Harmful Education Policies

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

CBA staff time to support related advocacy efforts, such as meetings with government officials and other stakeholders, can be implemented in current budgetary allocation.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Lee Nevens (They/Them)
Firm name: First Vice President, CBABC, Department of Justice, Vancouver
Telephone: (604) 364-5962
E-mail: mxnevens@gmail.com

4. Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

Spring 2024: CBA National, in collaboration with Branches, to write to provincial and territorial governments that have discussed, introduced or enacted policies forcing teachers to inform parents when children require the use of a different name or pronouns.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

Legislation considered, introduced or passed is repealed. Further legislation not introduced.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

CBA Resolution 20-03-A, Guidelines on Use of the Notwithstanding Clause of the Charter of Rights and Freedoms

Statement from CBA President John Stefaniuk, K.C. on use of notwithstanding clause. Sep 2023

Hansman v. Neufeld, 2023 SCC 14 at paras. 84-89 (affirming that all provinces ban discrimination based on gender identity and/or gender expression). See also Canadian Human Rights Act, provincial/territorial human rights legislation, the International Bill of Rights and the UN Convention on the Rights of the Child.

Greg Moreau, Police-Reported Crime Statistics in Canada, 2021, Statistics Canada (Aug. 3, 2022), (noting 64% increase in police-reported hate crimes committed against individuals on the basis of their sexual orientation); Brianna Jaffray, Experiences of Violent Victimization and Unwanted Sexual Behaviours Among Gay, Lesbian, Bisexual and Other Sexual Minority People, and the Transgender Population, in Canada, 2018, Statistics Canada (Sept. 9, 2020), (describing how trans people are more likely to experience violence than cis people)

Elena Prokopenko & Darcy Hango, Bullying Victimization Among Sexually and Gender Diverse Youth in Canada, Statistics Canada (2022), (describing findings showing that sexually and gender diverse youth were most at risk of bullying); Population Specific Resources - Lesbian, Gay, Bisexual, Transgender, Transsexual, Queer, Questioning and Two-Spirit (LGBTQ2S), Homeless Hub (2017), (describing 2017 report finding 40% of homeless youth are 2SLGBTQIA+ and noting that family rejection is a major contributing factor to 2SLGBTQIA+ youth homelessness); C. Taylor et al, Every class in every school: Final report of the first national climate survey on homophobia, biphobia, and transphobia in Canadian schools, Egale Canada Human Rights Trust (2011), (describing increased rates of physical assault, bullying, harassment, depression, and suicidality).

Stephen T. Russell et al, Chosen Name Use is Linked to Reduced Depressive Symptoms, Suicidal Ideation and Behavior Among Transgender Youth, J. Adolescent Health (2018), American Psychological Association, Guidelines for psychological practice with transgender and gender nonconforming people, 70(9) Am. Psych. Ass’n 832, 840 (2015), (emphasizing the importance of being welcoming and respectful of transgender people, and of educating oneself about the ways in which cisgender privilege may be expressed); April Ancheta et al, The Impact of Positive School Climate on Suicidality and Mental Health Among LGBTQ Adolescents: A Systematic Review, 37(2) J. Sch. Nurs. 75 (2020), (describing systematic review examining the relationship between positive school climate—i.e., climates that promote the healthy growth and development of students, characterized by factors like supportive teachers and opportunities for student involvement—and suicidality and mental health among LGBTQ adolescents); Enoch Leung et al, Social Support in Schools and Related Outcomes for LGBTQ Youth: A Scoping Review, 1(1) Discov. Educ. 18 (2022), (describing the important role of inclusive policies to set up a safe environment for students).

Arrests, Heated Exchanges Mark Rallies Over LGBTQ School Policies, CBC News (Sept. 20, 2023), (describing protests across Canada against “gender ideology”). See, e.g., Jenna Benchetrit, Where Did the Term ‘Parental Rights’ Come From?, CBC News (Sept. 23, 2023), (describing policies introduced in Saskatchewan and New Brunswick that would require parental consent for children under 16 to use different pronouns or names).

On Balance, Choose Kindness: The Advocate’s Review of Changes to Policy 713 and Recommendations for a Fair and Compassionate Policy, Office of the Child and Youth Advocate (Aug. 15, 2023), (noting, at p. 78, that such policies risk outing children or being publicly deadnamed and will disproportionally impact already vulnerable children).

Motion for Temporary Restraining Order, California v. Chino Valley Unified School District, No. CIV-SB-2317301 (Sept. 6, 2023), (suing school division over similar policy, noting that following the policy’s enactment, one crisis hotline communicated with and received over 60 reports from students, parents, and teachers fearing harassment and bullying and one student identified increased suicidal ideation).

Statement of the Committee on the Rights of the Child on article 5 of the Convention on the Rights of the Child, 11 October, 2023.

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Caterina Tempesta
Firm name: Office of the Children’s Lawyer, Toronto
Telephone: (416) 314-8087        
E-mail: Caterina.Tempesta@ontario.ca

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Brandyn Rodgerson
Firm name: Sullivan & Cromwell LLP, New-York
Telephone: (212) 558-4158   
E-mail: rodgersonb@sullcrom.com

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution, if any:

Sexual and Gender Diverse Alliance, Child and Youth Law Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

Gender Diversity Advisory Group, National and Branch Sexual and Gender Diversity Alliance, Child and Youth Law Section, Equality Subcommittee, Access to Justice Subcommittee