On Friday, June 17, parent Michelle McHale filed a human rights complaint alleging discrimination on the part of the Hanover School Division.
This is just the latest development in a story that began more than two months ago and has since gained national attention. On April 5, McHale made a presentation to the HSD board requesting that they review division policies that prohibit discussion of sexual orientation and gender identity issues in the classroom.
In that presentation, McHale identified several specific requests for the division to consider. These included opening the classroom environment to dialogue on LGBTQ issues, giving thought to the difficult climate faced by LGBTQ students in the division, and examining and implementing policies similar to those developed by the Winnipeg School Division. WSD recently approved a comprehensive Diversity and Equity Education Policy to protect LGBTQ students and staff, effective this September.
In a statement, HSD responded by defending its practices, which it says are in full compliance with the Manitoba Provincial Physical Education/Health Curriculum. The division has classified LGBTQ topics as “sensitive curricular content,” and thus restricts their discussion in elementary and middle years classrooms.
After McHale’s request was seconded by Grade 12 student Mika Schellenberg, the division held another board meeting on June 7, open to the public, in which the trustees addressed the concerns directly. At that meeting, six trustees spoke against McHale and Schellenberg’s request, two spoke in favour of it, and one did not express his position. No vote was held, and an official decision was deferred to a future time.
(Remarks from each of the nine trustees are printed in the column to the right.)
In the wake of the trustees’ remarks, some of which have been branded controversial, Minister of Education Ian Wishart extended an offer to provide the board with awareness training on sexual identity issues, as well as other assistance.
“We strongly believe that local school boards have a place in this process,” Wishart said, pointing out that any assistance offered is voluntary on the part of HSD. “We will be working with them.”
Randy Dueck, Superintendent of HSD, says, “We continue to be in conversation with the Minister’s office.”
Following the June 7 meeting, McHale pressed forward with her decision to lodge a complaint with the Manitoba Human Rights Commission. The complaint was filed on June 17 by the Public Interest Law Centre on behalf of McHale and her partner Karen Phillips.
“This complaint addresses the fundamental rights of children to a public education free from discrimination,” reads the complaint. “LGBTTQ* students and students with LGBTTQ* parents or family have a right to feel safe, included and supported in their school programs and experiences. The provisions of these services and programs cannot be done in a discriminatory manner. The practices and actions of the Hanover School Division (HSD) and the Hanover School Division Board of Trustees (Board) have effectively excluded sexual orientation and gender identity from discussion in elementary and middle years classrooms. This is discriminatory and a breach of The Human Rights Code. This discrimination is compounded by the inclusion of sexual orientation as a ‘sensitive topic’ in HSD policies and by the disrespectful words and actions of specific Board trustees in dealing with the substantive issues raised in this complaint.”
The complaint further asserts, “The inclusion of sexual orientation as ‘Sensitive Content’ in the Hanover School Division Guidelines is discrimination under the Code because it amounts to differential treatment of a protected class of individuals or groups in the provision of services and/or programs. Sexual orientation is the only protected characteristic that has been singled out for exclusion in HSD policy… These characteristics are not choices.”
The full text of the complaint is available on the Niverville Citizen website (below).
The Citizen reached out to the Hanover School Division, who provided the following statement: “The Hanover School Division has received official notice from the Manitoba Human Rights Commission of a complaint made against the division on behalf of Ms. McHale and Ms. Phillips. As such, the Hanover School Division is now engaged in a formal complaint process, and will adhere to the required procedures set forth by the Commission. Legal counsel has been obtained. Out of respect for the formal complaint process, no further comments will be issued.”
McHale has indicated that the next step in the process is for the Human Rights Commission to assign an investigator to examine the particulars of the case. “From what I understand, they will try to see whether mediation can be an option,” she says.
Steinbach Pride
On July 9, Steinbach will host its first Pride event. The sidewalk march for equality down three blocks of Main Street will begin at the Steinbach United Church and move toward city hall, where a rally will be held. The rally will be attended by community leaders.
Those leaders will not include representatives from Steinbach’s three levels of government. Mayor Chris Goertzen, MLA and provincial health minister Kelvin Goertzen, and MP Ted Falk all indicated they will not attend due to other commitments.
Initially Falk had a scheduling conflict due to a planned appearance at the annual Frog Follies festival in St-Pierre-Jolys, but one of the organizers of that event publicly encouraged Falk to change his plans, citing the importance of supporting human rights.
“Even without a scheduling conflict, my decision to not attend would be the same,” Falk then said in a statement. “I’ve been clear on this issue many times, and have made my position public on my values of faith, family and community.”
McHale expressed disappointment that no representatives of Steinbach’s three levels of government would be in attendance at the march.
“First and foremost, I appreciate [Falk’s] honesty. Because that we can deal with, right?” McHale said from the steps of the Manitoba Legislature. “We would have liked to see him take a similar position as [Premier Brian Pallister] did at the Pride that happened not that long ago here in Winnipeg. Unfortunately, he chose not to do that.”
However, NDP interim leader Flor Marcelino will attend the march.
In a statement, the Manitoba Liberals have also pledged to attend: “The Liberal caucus along with [the] interim leader, party members and past candidates are looking forward to participating in celebration of this historical day.”
The Manitoba Teacher’s Society has said they, too, will send representatives.
Due to safety concerns, the RCMP initially declined a street permit to Pride organizers, forcing them to march on the sidewalks along their route. At the time of this writing, RCMP was reconsidering that decision.
In addition to ensuring the safety of all, the Mounties have announced they support the cause and officers will walk alongside participants.
Remarks Made by HSD Trustees at June 7 Meeting
“I had a parent approach me in a public venue, surrounded by around 20 people, and boldly tell me that if he had a gay kid, he would take him in the basement and fix that… We would like to believe that all our kids have unconditional love and support from their parents, but the reality is that this isn’t always the case.”
—Cyndi Friesen, Trustee
“The parents have entrusted their child or children to the school division for a significant portion of the day, not to raise them but to provide them with a well-rounded educational experience. For the school division to steal a child away from a parent by withholding information is completely unacceptable in my mind… We cannot change the curriculum simply because someone would like us to advance a personal agenda.”
—Ron Falk, Board Chair
“I will be labelled as homophobic or transphobic, or biphobic perhaps, and my comment to that is: I am none of these. I do not have fear of them, which is what a phobia is. I simply don’t agree with that lifestyle… Removing the parents, and asking our teachers to not discuss things related to their children is going down the path of residential schools, a mess the government is now starting to work its way out of.”
—Rick Peters, Vice-Chair
“The idea of homosexuality, sexual orientation, there’s a lot of different people within our division that have different opinions on that and who live in that lifestyle. I’ll go out and say it: I’m a Christian and I believe that that is not the right lifestyle… I don’t think that any teacher should ever feel like they need to be muzzled. If there’s a student in their class that has same-sex parents, I think those are our families and we can talk about our families. I don’t think that should ever be shut down.”
—Sarah Dyck, Trustee
“I speak today as a compassionate healthcare professional… HSD teachers, students and their parents know that our culture is changing. That does not suggest that we must abandon truth… When I saw the sex education that Toronto has out about teaching sex education from kindergarten to Grade Five, and in Grade Five they are being taught anal sex and oral sex, my heart just broke. I just feel that there is enough cancer around and the increase in cancer is phenomenal.”
—Lynn Barkman, Trustee
“I know many parents are opposed to offering too much information on LGBTQ subjects, but I really think it’s rational and fair to say that both heterosexuality and homosexuality need to be addressed when human sexuality in general is being studied. It would be unfortunate if educators were essentially not allowed to talk with students about a topic that students themselves are already discussing in the hallways or on social media.”
—Ruby Wiens, Trustee
“If we look at the Winnipeg School Division policy, and how they call it a diversity and equity education, yet they continue to pull out just one group of people and emphasize that we must bring that into every single classroom… and put it into a positive light, a belief that not everyone holds. [Those policies are] almost bordering on indoctrination if we are enforcing that in all of our children and putting that in their lives constantly. That’s not fair.”
—Sue Doerksen, Trustee
“As for the Winnipeg policy, I don’t think we need to follow that. We’re not Winnipeg. Do we maybe need to look at some changes to our policy? Maybe.”
—Shannon Friesen, Trustee
“Obviously there are emotions going on. We’re getting phone calls. We’re getting emails. We’re getting people stopping us in the streets to talk about this. But there’s one thing that’s not happening: the different viewpoints on this are not talking… Let’s facilitate some conversation.”
—Brad Unger, Trustee
