Saskatchewan school divisions must refuse to implement Bill 137

RE: School divisions must refuse to implement Bill 137

We are teachers in Saskatchewan. We are writing to you, our school division and our employer, to address new legislation, Bill 137. Bill 137 directly impacts our students, our work, and the inclusive goals of the public education system we strive to create. The purpose of this open letter is to notify you that we will not follow any instructions that require us to violate Charter rights. We also request that the school division release an official statement that the schools under your jurisdiction will not implement any policy that violates Charter rights, irrespective of Bill 137.

Background and impacts:

On October 20, the Saskatchewan Party government passed Bill 137, which they have branded a ‘Parents’ Bill of Rights’. This legislation requires teachers to get permission from parents before honoring a student’s request to call them by their chosen name and/or gender. The legislation has other sections that undermine learning about sexual health and gender diversity. This legislation is transphobic. Bill 137 will harm students and teachers.

The Sask Party used the ‘notwithstanding clause’ to pass this legislation, to intentionally circumvent charter rights, against the advice of experts. A judge ruled the policy could cause irreparable harm to vulnerable youth. The Saskatchewan Child and Youth advocate wrote that the previous pronoun policy amounted to harassment and discrimination. A Saskatchewan human rights commissioner, Heather Kuttai, resigned her position, saying, “I can no longer continue… this is an attack on the rights of trans, non-binary, and gender-diverse children.” Since then, the Commission has penned an open letter calling on the government to abandon the legislation, because it has infringed on the rights of minors.

If the school division aligns its policies with Bill 137, it will negatively impact:

Autonomy & safety. Some vulnerable youth will be forced into unsupportive and unsafe situations at school and at home. This will put them at risk of violence and exploitation. Additionally, 2SLGBTQ+ teachers will experience a hostile, unsafe, or unwelcoming workplace due to the transphobic and heteronormative impact of the policy.

Confidentiality & trust. By implementing this policy, youth will refrain from seeking support from school staff they may otherwise trust, ultimately leading to further isolation among a population who already experience disproportionately poor mental health outcomes and heightened risk of suicide.

Stigma and heteronormativity. This policy will create a hostile learning environment where some students will be alienated, bullied and gender diversity will be ‘othered.’

Sexual health literacy. Universal and consent-focused sexual health education is critical to reduce Saskatchewan's nation-leading levels of teen pregnancy, HIV and other STBBI rates, and intimate partner violence.

A teacher’s responsibilities:

Teachers are collectively and individually responsible for the ethics and standards of our profession. According to the Saskatchewan teachers’ code of professional ethics, teachers must “treat each student justly,” (6.2.6), “support each student in (the) social emotional domain,” (6.2.8), “support the right of students to form their own judgments based upon knowledge,” (6.2.7), “model the fulfillment of social and political responsibilities associated with membership in the community,” (6.2.12), “keep the trust under which confidential information is exchanged,” (6.2.14), and “advocate appropriately for changes [in the education system] through individual or collective action,” (6.2.18). Additionally, the Saskatchewan teachers’ standards of practice require teachers to, “create and maintain a learning environment that encourages and supports the growth of the whole student,” (6.3.1), “strive to meet the diverse needs of students,” (6.3.2), “recognize and accommodate diversity in the classroom,” (6.3.4), and to “conduct all professional relationships in ways that are consistent with principles of equity, fairness, and respect,” (6.3.10). Teachers cannot fulfill these responsibilities while implementing Bill 137, or any policy that comes from it.

Declaration and expectations for school divisions:

For the reasons stated above, we will not follow this legislation in our teaching practice. We will not follow any administrative procedures from our employer that violate Charter rights, such as the requirement to ‘out’ a student who discloses their gender identity. We will continue to use the practice of letting students have autonomy over their identity, and letting students determine who does and doesn’t know about their gender disclosure.

However, it is not enough for us to individually refuse these instructions. As long as the school division’s policies align with Bill 137, the school system will be transphobic, exclusionary, and overtly heteronormative. Policies aligned with Bill 137 will send the message that gender diversity is controversial, touchy, or even a ‘terrible secret’ that requires urgent parental consultation, as opposed to a simple and straightforward fact of life. Students will get the message they should stay in the closet.

Therefore, we call on the school division to refuse this legislation as a matter of policy. This and future anti-queer legislation will not go into practice in schools unless division leaders instruct teachers to follow it. Some decision makers might think that since Bill 137 has been passed into law, they have no choice but to align their policies. However, we implore you to recognize that you always have a choice. You always have the option to prioritize students’ human rights. Any government who would try to force you to violate kids’ Charter rights is wrong, and it is not possible for you to stay neutral. As Desmond Tutu famously said, to stay neutral in situations of injustice is to choose the side of the oppressor. Therefore, as your employees, we expect you to ensure we work in schools that uphold Charter rights - by refusing to implement Bill 137.

As teachers, we will not follow these instructions. We call on the school division to issue a public statement that you, too, will refuse to implement policies that violate the Charter rights of young people and make schools less safe.

Sincerely,