New chair of N.B. Human Rights Commission won't comment on Policy 713

There's a new chairperson of the New Brunswick Human Rights Commission, but don't expect her to weigh in just yet on controversial changes to a provincewide policy meant to protect LGBTQ students in schools.

In a statement issued Monday, Phylomène Zangio said due to the commission's "legal mandate," she will not comment on Policy 713 or speculate on matters that have not yet been submitted for review as part of a formal complaint.

"This aspect of our function may not be understood but is required in order for the commission to remain an impartial guardian of human rights in the province," said Zangio, who wasn't available for an interview on Monday and Tuesday.

"The commission assures New Brunswickers that it will continue to remain vigilant and ensure the principles of freedom, equality, and dignity that are the basis of New Brunswick's society are upheld," said Zangio.

The statement came three days after the commission announced she'd been appointed chair for a two-year term, replacing Claire Roussel-Sullivan, who had chaired the commission since 2020.

Friday's statement, announcing the new leadership, said Zangio has advocated for the rights of women and minorities since immigrating to New Brunswick from the Democratic Republic of the Congo more than 30 years ago.

CBC News asked Roussel-Sullivan for an interview about the leadership change at the commission. In an email, she deferred comment to the commission, but added that her position as chair ended, as planned, on June 15 at the completion of her three-year term.

Policy 713 is a Department of Education policy that sets minimum requirements for school districts and schools to create a safe, welcoming, inclusive and affirming environment for students who identify or are perceived as LGBTQ.

Last month, Education Minister Bill Hogan confirmed his government was reviewing the policy following complaints from parents and teachers, which in turn prompted widespread protest among LGBTQ students and allies.

On May 15, the New Brunswick Human Rights Commission issued a statement standing behind Policy 713, which originally required teachers to respect a student's preferred name and pronoun without an obligation to consult their parents.

LGBTQ advocates said that aspect of the policy allowed trans and non-binary students to feel accepted in schools, without having to be outed to their parents before they were ready.

In June, Hogan revealed changes to Policy 713, which effectively rolled back that provision, no longer making it mandatory for teachers and staff to respect the chosen names and pronouns of children under 16 without parental consent.

The New Brunswick Human Rights Commission's decision to not comment publicly on changes to Policy 713 is expected, said Wayne MacKay, professor emeritus at Dalhousie University law school.

MacKay said provinces in Canada typically follow one of two models for their respective human rights commissions.