June 6, 2024
Trustee Saadiq Sumar,
Policy Chair Edmonton Public Schools
Centre for Education
1 Kingsway NW
Edmonton, Alberta T5H 4G9
Sent via email to [email protected] and [email protected]
Dear Policy Chair Sumar and EPS Trustees,
The Foundation Against Intolerance & Racism (FAIR) is a nonpartisan, nonprofit organization dedicated to advancing civil rights and liberties and promoting a common culture based on fairness, understanding, and common humanity. We have more than eighty chapters and tens of thousands of members, including throughout Canada. Our website, fairforall.org, can give you a fuller sense of our identity and activities.
This letter is constructed by invitation to provide feedback on the Edmonton Public Schools Board policy HFA.BP Sexual Orientation and Gender Identity. These opinions were sought from experts from the areas of counseling, education, and law, and are shared by concerned parents, guardians, and members of the public. We hope you receive these comments generously in the constructive spirit they are intended.
Foundationally, in agreement with the statement in the Alberta Human Rights Act, Subsection 16(1)(a), we value “the principle that all persons are equal in: dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.” As an organization with pro-human values, we agree with treating people equally, and that our shared humanity is precious.
Summary:
- The policy definitions exceed those outlined in the Alberta Human Rights Commission and alignment is recommended.
- The policy contains a mix of descriptive and moral statements. The moral statements in this policy unfairly categorize the people they refer to and should be removed.
- The policy action items exceed the scope of the Alberta Human Rights Commission, and we recommend re-examining the intention of the action items for better alignment.
- The policy makes substantive claims regarding actions that the Board is willing to undertake without recognizing tradeoffs, limitations in resource and personnel, and an austere budget. At times, intended action items conflict with the Charter of Rights and Freedoms.
- Definitions
The board survey first asks if the definitions presented in the policy are clear. There is no contention with the definitions as provided by the Alberta Human Rights Commission, which include Gender Expression, Gender Identity, and Sexual Orientation.
The definition of Cisgender is not in dispute, though the definition of Heterosexual is inaccurate. From the Oxford English Dictionary, heterosexual refers to one who is “sexually or romantically attracted to, or engaging in sexual activity with, people of opposite sex.” In addition, the presence of these terms on this list is questionable. Some groups prioritize identity, but many people interviewed on this topic prefer not to be cast into categories. The reductive use of terminology does not respect the varied and diverse population that may be represented.
The terms Cisnormative and Heteronormative, while also defined reasonably, carry with them a moral statement. This language implies that the people placed in the categories Cisgender and Heterosexual inherently contribute “to the marginalization of gender diverse (sexually diverse) people.” This framework requires the generalized assumption of the operation of mind of people both within the Cisgender/Heterosexual categories and those without, creating a tension between people where one need not exist. There are cases where “othering” of gender or sexually diverse people occur, though it would be inaccurate to imply that this is a default mode in which people within school communities operate.
As well, the definitions starting with “perceived” should all be struck. This includes Perceived Gender Expression, Perceived Gender Identity, and Perceived Sexual Orientation. In each case, these terms are couched in subjective observations which may not be true in a given situation. Since all people unconsciously perform judgments of perceived sex (suggested by the Canadian Paediatric Society, the Mayo Clinic, among other psychological studies), there are likely personal biases anytime a perception is used to make a judgment. Expecting people to arrive at conclusions based on perceptions of other people is unproductive and leads to stereotyping.
- Policy
The opening three paragraphs of this section are generally in the spirit of pro-human values. For reasons mentioned above, reference to individuals or groups “perceived as sexual (sic) and/or gender diverse” should be removed. As a matter of principle, policy should be informed by objective evidence and neutral values. As such, in accordance with Board policy, the belief statement should be broad enough for the whole community while targeting the subject of this specific policy, reading:
“The Board believes that all students, staff, and families, including those sexually and/or gender diverse, have the right to:…”
In terms of implementation, we agree with the Alberta Human Rights Commission, which opposes discrimination of any kind. In this regard, the policy goes too far, perhaps in violation of the Charter of Rights and Freedoms. The policy aims to “define appropriate expectations, behaviours, language and actions in order to prevent discrimination.” Taking cues from the Alberta Human Rights Commission, policy provides boundaries around sensitive areas of interpersonal interaction but the apparent intention to govern behaviour, language, and action may be overreach. It is conceivable that the Charter freedoms of conscience, religion, or self-expression may be offended with such narrow policy objectives. Subsection 3(2) of the Alberta Human Rights Act acknowledges that supporting the rights of a protected class should not interfere with free expression. It is within the Board’s scope to encourage a culture that prevents discrimination by creating appropriate expectations. The Alberta Human Rights Commission has the authority to investigate complaints within this scope, which should relieve the onus of the Board to become entangled in matters of discrimination. We do, however, support establishing respectful, curious, and diverse school cultures.
In many places, the policy uses language including absolute terms like “fully included”, “within all aspects of the school environment”, and the like. Advancing these priorities needs to recognize the limitations and complexities of the school environment. Considering the Board has just announced financial austerity measures, having open line items like these seems imprudent. In addition, some of these policy items may impact other organizations whose philosophy doesn’t align with these goals. Striving to provide avenues of agency for all students is the ultimate outcome, though that will look different in each school’s context.
The policy also emphasizes the “unique identities” of staff, students, and their families. As well, the right to “self-identity and determination” exceeds the scope of reference documents like the Charter, the Alberta Human Rights Act, or the UN Convention on the Rights of the Child. If the Board agrees that all parties are worthy of dignity and respect, but are also subjective agents, striving for respectful relationships is a reasonable outcome. Outsized promises for the inclusion of every student identity in all areas of their school experience should be reframed within a healthy boundary, permitting for a comprehensive and inclusive educational experience for all students.
FAIR supports efforts to encourage respect for others in the classroom. We also advocate for a healthy partnership between and among educators, students, and parents. We urge the Board to revise this policy to achieve a balance that is consistent with the rights and interests of all stakeholders. We would like to give the Board an opportunity to respond. Please reply in the next five days if you intend to do so.
Very truly yours,
Foundation Against Intolerance and Racism
Alberta Chapter
