Sask. advocate for children and youth weighs in on province's divisive pronoun and name rules for schools

Saskatchewan's advocate for children and youth is calling for changes in the province's new parental inclusion and consent policy to better protect and respect student's rights.

In August, the Saskatchewan government announced that schools are now required to get parental consent if a student under 16 wants to change their preferred pronouns or name.

Lisa Broda, the province's children and youth advocate, committed to reviewing the policy shortly after it was announced, alleging she was not consulted in its creation. Her review was released late Friday afternoon.

Broda's review aimed to assess whether the pronoun policy and its development respected the rights of children and youth.

"We basically recommended the ministry pull back the requirement for consent and rather than have a consent focus, recognize the right of young people to gender identity and expression," Broda said on CBC Radio's Saskatoon Morning on Monday.

Broda said she has yet hear from the provincial government whether her recommendations will be accepted.

On Friday, the Saskatchewan government wrote in a statement to CBC News that it " remains committed to protecting the right of parents to be involved in their children's education and to implementation of the Parental Inclusion and Consent policy."

The policy has proven to be divisive, sparking harsh public scrutiny and protests, although Angus Reid polling suggests most Saskatchewan residents want parents to be notified, and that half want parents to have to be informed and give permission. The survey question did not specify whether it was referring to legal or informal name changes.

Broda said she agrees with the government's position that parental inclusion in their child's education is important, but that children's rights must be upheld. 

"We agree it's best for parents to be involved in significant decisions of their children. That's a worthy aspect of the policy," Broda said. "However it has to uphold the children's rights and not effectively veto their rights, because these are human rights that we all have."

Broda said the Saskatchewan government has a duty to adhere to charter documents such as the Canadian Charter of Rights and Freedoms and the United Nations Convention on the Rights of the Child.

In its statement, the Ministry of Education acknowledged Broda's comments and said it "agrees with her that there are various positive impacts derived from the policy, such as recognizing the importance of parents and guardians in supporting a child's development." 

One positive Broda highlighted in her review is that the policy applies to all of Saskatchewan's school divisions, including those that may not have previously had gender related policies, which could help some students — even if it's just those 16 or older — to be identified properly and prevent harm.

A Regina-based advocacy group filed court action against the government in the Court of King's Bench, arguing the pronoun policy infringes on the Charter of Rights and Freedoms for children under 16.