The Right to Dignity:

Law:

Leaves policies for individual school boards to set, provided that schools follow the British Columbia Human Rights Code, which protects B.C. students from “discrimination based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age.”

The province’s guidelines suggest that schools allow students the right to self-identify, which includes the right to choose the name they wish to be addressed by and preferred pronouns. The guidelines also support students’ right to confidentiality of their official and/or preferred sex, gender, and name.

Applicable Policy/Guideline:

Supporting Diverse Sexual Orientations, Gender Identities and Expressions

Law:

If a student under the age of 16 requests that a new preferred name or pronoun be used for them by school staff when referring to the student in school, the school board will notify the student’s parent of the request and seek the parent’s consent for the usage of the new preferred name or pronoun. If the student is 16 years of age or over, the student’s parent will be notified of the request, but will not require the parent’s consent for usage.

School staff cannot use a student’s preferred name or pronouns until parental notification has occurred or, if relevant, the parent’s consent is obtained. Where parental notification or the parental consent requirement is reasonably expected to cause emotional or psychological harm to the student, or the student requests access to assistance, the school board must ensure that the student is provided with counselling or other assistance prior to notifying the student’s parent.

See more below under “Legal Challenges in Alberta and Saskatchewan”.

Applicable Policy/Guideline:

Education Amendment Act, 2024

Law:

The Education Amendment Act states that a parent or guardian of a student under the age of 16 has the right to provide consent before teachers and other employees of the school use a student’s new gender-related preferred name or gender identity at school. Until such time as the parent provides consent, school staff are not allowed to use a student’s preferred name or pronouns.

If it is reasonably expected that obtaining parental consent is likely to result in physical, mental or emotional harm to the student, “the principal shall direct the pupil to the appropriate professionals, who are employed or retained by the school, to support and assist the pupil in developing a plan to address the pupil’s request with the pupil’s parent or guardian.”

See more below under “Legal Challenges in Alberta and Saskatchewan”.

Applicable Policy/Guideline:

The Education Amendment Act (Parents’ Bill of Rights), SS 2023, c 46

Law:

The Guideline states that “all students have the right to choose the name by which they wish to be addressed,” and indicate that school staff should consistently use the student’s chosen name and pronoun “according to the student’s wishes and direction, including masculine and feminine pronouns as well as gender-neutral pronouns.”

The Guideline also states that “students’ prior consent must be obtained before disclosing their trans or gender diverse identity to their parents/guardians.”

Applicable Policy/Guideline:

Supporting Transgender and Gender Diverse Students in Manitoba Schools

Law:

Ontario’s Policy/Program Memorandum 119 requires publicly funded school boards to “develop, implement, and monitor an equity and inclusive education policy that includes a religious accommodation guideline,” which must align with the Ontario Human Rights Code.

The Ministry of Education’s Provincial Code of Conduct that applies to schools states that all students and school community members must respect and treat others fairly, regardless of their sex, gender identity, gender expression, or sexual orientation, among other factors. This requirement is consistent with the Ontario Human Rights Code, which states: “[e]very person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”

The Ontario Human Rights Commission’s Policy on Preventing Discrimination Because of Gender Identity and Expression considers “refusing to refer to a person by their self-identified name and proper personal pronoun” a form of gender-based harassment, which is prohibited discrimination.

Applicable Policy/Guideline:

• Policy/Program Memorandum 119
• Provincial Code of Conduct

Law:

Quebec’s Measures state that “[a]ll trans and non-binary youth have the right to self-identify and to be addressed by their preferred first name and pronouns”.

The Measures also recommend that school administration and staff do not disclose any information that might reveal the trans student’s gender identity to any other individual, including their parents if the student is over 14 years old.

Applicable Policy/Guideline:

Measures for openness to and support for trans and non-binary students: A guide for educational institutions

Law:

Policy 713 states that all students have the right and presumed capacity to self-identify and communicate their chosen first names and/or pronouns, which will be used consistently by members of the school environment.

Although parental awareness is encouraged throughout the policy, Policy 713 does not mandate parental disclosure – when a student is uncomfortable providing informed consent for such disclosure, the school must respect the student’s wishes.

Students 16 years of age and older may have formal recognition of their chosen name and pronouns, which includes the use of a chosen name on official records, such as report cards. Students under the age of 16 may informally use their chosen name and pronouns, but parental consent is required for formal use.

See more below under “Advocacy in Action: Fighting Back Against Roll Backs in New Brunswick”.

Applicable Policy/Guideline:

Policy 713: Sexual Orientation and Gender Identity

Law:

Nova Scotia’s Guidelines protect students’ right to choose their name and pronouns, whether or not the student has legally changed their name or sex designation.

Parental consent is requested for the usage of a preferred name, gender identity, and/or gender expression for students from grades primary to 6. However, students from grades 7 to 12 who have the capacity of consent do not require a parent or guardian’s consent. The Guidelines also emphasize the importance of having a student’s prior permission before disclosing their transgender or gender-nonconforming identity to their parent(s) or guardian(s).

Applicable Policy/Guideline:

Guidelines for Supporting Transgender and Gender Nonconforming Students

Law:

The Guidelines state that individuals may request to be addressed by their chosen name and/or pronouns, and that staff and peers should consistently use a student’s chosen name and pronouns as requested.

The Guidelines clarify that district and school staffs should “make every effort to seek student consent or consult with the student prior to parent contact.”

Applicable Policy/Guideline:

• Safe and Caring Schools Policy
• Guidelines for LGBTQ Inclusive Practices

Law:

The Guidelines state that all individuals have the right to be addressed by their chosen name and to choose pronouns that align with their gender identity/expression, regardless of legal changes of name or gender designation, in line with the principles of self-identification.

The Guidelines specify that although certain school records must contain a student’s legal name and gender, schools should adopt practices to avoid inadvertent disclosure of the student’s gender identity or expression where necessary.

Applicable Policy/Guideline:

Guidelines for Respecting, Accommodating and Supporting Gender Identity, Gender Expression and Sexual Orientation in our Schools

Law:

The Policy states that “[a]dministrators, staff and students will recognize people’s correct pronouns, as declared by the individuals themselves,” and that official changes to a student’s name or gender is not required for this requirement to apply.

Applicable Policy/Guideline:

Sexual Orientation and Gender Identity Policy

Law:

The Guidelines state “[e]ach person has the right to choose when, how, and to whom they disclose their sexual orientation, romantic orientation, gender identity and gender expression,” and that “[n]o member of a school community should disclose this personal information to others, including parent(s)/guardian(s), without the individual’s explicit permission.”

The Guidelines also explicitly state that deliberate misgendering or use of an incorrect name constitutes a form of discrimination.

Applicable Policy/Guideline:

Guidelines for Ensuring 2SLGBTQIA+ Equity, Safety and Inclusion in Northwest Territories Schools

Law:

Nunavut’s Policy states that school  environments must respect diversity, including gender identification, among many other characteristics.

Applicable Policy/Guideline:

Department of Education’s Inclusive Education Policy