Justice Richard Petrie plans to make a decision on the requests from six groups to participate in the Policy 713 legal challenge on May 6. However, there are several potential issues that could delay proceedings following this decision. Some of the groups are looking to intervene in the judicial review of the province’s decision to amend its school gender identity policy, while other issues, such as disagreements over redactions in records and a request from the province to split the issue into two hearings, may arise.
Court dates have been set for the week following May 6 to address these issues. The Canadian Civil Liberties Association, which was granted public interest standing, received the documents they had been requesting since December only last week. The province has also raised concerns about the case dragging on and may make a motion to slow proceedings, citing ongoing litigation in Moncton with the Anglophone East District Education Council. The province’s counsel suggested that there is no urgency to resolve the case as the revised policy has been in place for nearly a year.
Counsel for the CCLA disagreed with the province’s claims, stating that all parties should have an interest in moving towards a resolution. The CCLA was granted public interest standing due to the possibility of harm to some students in New Brunswick. The final list of who will participate in the review has not been set, with several organizations applying to be “friends of the court” and others seeking to participate as full parties. Community interveners have argued that they should be added to the case in order to provide perspective from LGBTQ2 organizations that work with affected youth.
During a recent hearing, organizations representing LGBTQ2 youth, parents, Indigenous perspectives, and school staff argued for their participation in the case. These organizations aim to provide evidence on the harms of social transitioning, the Indigenous concepts of gender identity, and the impact of the policy on school staff and students. Justice Petrie aims to deliver a decision on all prospective interveners on May 6, while also considering the potential issues and delays that may arise in the proceedings. The case is viewed as a priority matter, but concerns about the timeline and the resolution of the case have been raised by the province and other parties involved.
