Calgary Catholic schools policy lets parents choose names over students' wishes

A Calgary Catholic school district policy requires school staff to call students by the names their parents prefer, even when a student disagrees.

A similar policy change in New Brunswick is at the heart of a political battle that has created a deep political divide in the Progressive Conservative government and raised the threat of a snap election in that province.

It's a policy and practice that some critics, such as teachers, academics, and a parent, say is harmful and disrespectful to students, and leaves them at risk of discrimination and bullying. A human rights lawyer says it may also be in conflict with charter rights and privacy law.

One Calgary Catholic School District teacher said they see students grow angry, or deflate like a balloon, when staff members are "deadnaming" and using pronouns that don't correspond to their lived identity.

Deadnaming is a term for a former name that's no longer congruent with a person's gender identity.

"The kids who are already being deadnamed and having their identities ignored by their parents, are then being sent to school to receive exactly the same treatment, with potentially disastrous consequences," said the teacher.

CBC News is not identifying the teacher for fear they could face professional repercussions for speaking publicly.

In May 2022, the province's third-largest school division adopted administrative procedure 302 on student names.

It says only parents, guardians, or independent students may request a name change in the district's information system.

It says, subject to exceptions, employees "must use the same name that the student's parent prefers" in all verbal and informal written communications, and on formal records like report cards.

Staff can only use a name that differs from the parents' preference, without parental approval, if they get permission from an area director, who must also consult with a superintendent, or if an employee "reasonably believes the student's parent does not object."

A Calgary Catholic spokesperson says the district does not keep records of how many times staff have requested a naming exemption, or how many times an exemption has been granted.

In response to questions, including why the policy was adopted, who was consulted, and what consideration was given to trans and non-binary students, the school division sent a two-line statement:

"Our administrative procedure is intended to cover many different situations, including questions that arise respecting students' names in other languages. The policy does not establish any firm rule that must apply in every case. We treat each case individually and with great care and sensitivity."

Another district teacher, whose identity CBC is also protecting, said they ignore the policy and use the names and pronouns students prefer to create a sense of belonging.

Both teachers said they have received verbal instructions from superiors never to use they/them pronouns when referring to an individual student. The naming policy does not mention pronouns.

The school district did not confirm or deny this when asked.

The Catholic church teaches that God makes humans either male or female.

In Alberta, Saskatchewan and Ontario, Catholic school systems are fully publicly funded.

Calgary Catholic's policy also differs from several other Alberta school boards' rules. An Edmonton Catholic Schools' administrative procedure on "inclusive communities" says the division "shall allow for student records to reflect the preferred name of students," as well as keeping gender markers off informal records.

Red Deer Catholic Schools has a policy saying staff can use students' preferred names and pronouns on report cards and school documents, at the student's request.

Since 2012, the Edmonton Public School Board has had a sexual orientation and gender identity regulation telling staff to address students by the name and pronoun that matches their gender identity. School forms will use the student's preferred name and gender marker, it says.

Calgary Catholic's statement did not answer questions about why their policy differs from other school boards.

Policy may violate human rights, privacy: Lawyer

New Brunswick schools are at the centre of a political maelstrom over changes to a document called policy 713, which spells out basic protections for LGBTQ students in school.

That government has recently amended the policy so students younger than 16 need parental permission to be addressed by their chosen names and pronouns.

Premier Blaine Higgs said he heard from parents who were upset their children could be called different names at school without their knowledge.

School psychologists and social workers are now protesting the policy change, saying it has the potential to harm children.

Dustin Klaudt, a Calgary human rights lawyer, said the Calgary policy may be further reaching than the one in New Brunswick, because it would include students who are 16 and 17.

He says the Calgary policy leaves students at risk of being intentionally or unintentionally misgendered, outed to their families, or deadnamed.

Klaudt says it puts the school district at legal risk of facing potential human rights or privacy challenges. 

In 2016, Alberta's information and privacy commissioner found Edmonton's public school board violated privacy law when staff repeatedly deadnamed and misgendered a student in front of her classmates.

Klaudt said human rights tribunals in B.C., Quebec and Ontario have also found complaints about discrimination to be founded when employers and others used outdated names and pronouns.

Some parents will argue that they have rights to make decisions about their children's education. Klaudt said those rights don't exist in a vacuum, and courts are frequently siding with children when that balance is in question.

In 2019, during a fierce public debate in Alberta about whether parents and guardians have a right to know whether a child belongs to a gay-straight alliance or similar school club, Alberta's information and privacy commissioner issued a statement saying the school may only disclose that information in limited circumstances.

Professor fears policy could lead to dropouts

Krista Li's 14-year-old daughter has been a target of homophobic bullying at a Calgary Catholic school — including a slur being scrawled on the teen's locker in black pen.

Li says policies like the one on student names contribute to a school culture that's unwelcoming to LGBTQ students. She said it can embolden students and staff to perpetuate discrimination.

"There is a child at play here," Li said. "A very often vulnerable child who may be experiencing bullying at school. Who may be having thoughts of self-harm. What about that child?"

Kristopher Wells, an associate professor at MacEwan University and a Canada Research Chair for the public understanding of sexual and gender minority youth, says refusal to affirm the identity of non-binary and trans youth can be devastating.

He said the impact of Calgary Catholic's policy could be "huge," leading students to disengage and drop out of school, and potentially develop mental health problems.

Research has found trans youth have more frequent suicidal thoughts than their peers.

"It shows them that they are being affirmed," Wells said of using a student's chosen name and pronouns. "That the classroom is a safe environment for them. And that there are supportive and trusted adults that respect them."

Wells said the provincial government should reinstate discontinued guidelines that set expectations for how schools can create safe environments for LGBTQ students.

In an email, Education Minister Demetrios Nicolaides did not directly respond to questions regarding what he thinks of Calgary Catholic's policy.

"I'm always happy to listen to parents, teachers, students and other professionals to create an inclusive environment for all students, while recognizing the fundamental role parents play in the education and development of their children," Nicolaides' statement said. "It is critical that we focus on what is in the best interests of students."