Anglophone East v. PNB, 2024 NBKB 138

[4]         Despite the significant dispute between the parties, the underlying facts are straightforward. The crux of this matter is the assertion by the Plaintiffs that the Defendants’ changes made to Policy 713: Sexual Orientation and Gender Identity (“Policy 713”) in the summer of 2023 are unconstitutional and pose a threat to the wellbeing of students as well as volunteers and the community as a whole within the Anglophone East School District. The Plaintiffs maintain the revisions to Policy 713 are unconstitutional. The Plaintiffs filed a preliminary motion on April 2, 2024, requesting an injunction to stay the enforcement of Policy 713 pending an adjudication on the constitutionality of the provisions.

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[92]      None of the Plaintiffs have standing as of right to advance claims under section 7and 15 of the Charter on behalf of gender diverse youth. The Court has determined that none of Harry Doyle, Dominic Vautour or the Anglophone East District Education Council has standing as of right to challenge Policy 713, on the grounds that the self-identification provisions violate the Plaintiffs’ rights pursuant to section 16(1) of the Charter. The Plaintiffs request for public interest is denied. The only claim which remains is Dominic Vautour’s ability to advance a claim that Policy 713 has infringed his section 2(b) Charter rights. 

The Path Forward

[93]      This Court has concluded that none of the Plaintiffs’ individually nor collectively have standing, either as of right or public interest standing to advance a claim that the adoption and implementation of Policy 713 infringes their section 16.1 Charter rights. None of the Plaintiffs have standing as of right to advance the potential infringement of the section 7 or section 15 Charter rights of gender diverse youth. The Court has further concluded this is not a case where it would be appropriate to exercise its discretion and grant the Plaintiffs public interest standing to advance these claims.