Province says school district has spent $400K on lawsuit over gender-identity policy
CBC
The New Brunswick government alleges the Anglophone East district education council has spent more than $400,000 on its unsuccessful lawsuit against the province and is hiding information about its spending on the case, according to a court filing seeking dissolution of the elected body.
The application is the latest development in a dispute between the education council overseeing Moncton-area schools and the provincial government over the province's changes to a gender-identity policy last year.
Anglophone East sued the province, alleging changes to Policy 713 violate the rights of students. A judge dismissed the case Friday, a ruling the council has said it will appeal.
Within hours of Friday's decision, the province filed the application in Moncton's Court of King's Bench, asking a judge to approve dissolving the education council. CBC News was only able to review a copy of the filing at the Moncton courthouse Monday.
The application cites the council's refusal to comply with corrective actions demanded by Education Minister Bill Hogan, taking steps to "undermine and defy" corrective actions, and spending education funding on the case against the province.
"The DEC continues to expend its resources in an irresponsible manner and is unable to function due to organization difficulties," the province's application states, asking a judge to order dissolution and move the council's powers to Hogan for up to a year.
No date has been set for the application to be heard by a judge.
Stephanie Patterson, a spokesperson for Anglophone East, said the education council has been notified of the application and will be meeting to discuss its response. Patterson said the council wouldn't be commenting before the meeting. She didn't say when that meeting takes place.
The 10-page application in the court file is accompanied by lengthy affidavits and documents showing the evolution of the dispute.
Last year, the province updated Policy 713 to require that school staff seek the consent of a parent when a student under age 16 wants to use a new name or pronoun informally at school.
The policy change prompted rallies and protests in various cities, a legal challenge by the Canadian Civil Liberties Association and a revolt by six Progressive Conservative MLAs.
After the province's changes, the education council approved a policy implementing Policy 713 that says school staff "shall respect the direction of the student in regard to the name and pronouns they wish to be called in daily interactions with school personnel and other students."
In November, the education council voted to sue the province over Policy 713. The council argued implementing Policy 713 could violate the Charter of Rights and Freedoms, the Education Act and the provincial Human Rights Act.
After notifying the province of the decision to sue, the education minister changed a policy that would have allowed its legal costs to be covered by the province.
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