Following feedback from Albertans that indicated Bill 10, the Act to Amend the Alberta Bill of Rights to Protect our Children, required further consultation Premier Jim Prentice announced on Dec. 4 the Bill has been put on hold, a move Airdrie MLA Rob Anderson said is a “good decision.”
“(Bill 10) certainly did the right thing with regards to parental rights and parental decision,” Anderson said. “The problem was on the issue with supporting LGBTQ (lesbian, gay, bisexual, transgender and queer) students who were being bullied. There just wasn’t enough support for them.”
“Both I and my caucus have heard, loudly and clearly, Albertans wish there to be further consultation on the substance of Bill 10,” Prentice said in a press release.
The Bill, which effectively negated Bill 202, proposes amendments to the Alberta Human Rights Act, the Alberta Bill of Rights, the School Act and the Education Act in an attempt to limit discrimination in schools against LGBTQ students. However, unlike Bill 202, Bill 10 did not mandate school boards to establish Gay-Straight Alliances (GSAs) when requested by students.
As reported in the Dec. 4 edition of the Airdrie City View, the Rocky View Alberta Teachers’ Association Local 35 did not feel Bill 10 went far enough to support LGBTQ students.
“When students have a desire to create a GSA in their school, they shouldn’t be denied that,” Local 35 President Michelle Glavine said in the Dec. 4 article.
“(Bill 10) still allows for them to be denied and that’s a problem.”
Prior to Bill 10 being paused, the Wildrose proposed an amendment to the bill on Dec. 3, which would require school boards to work with students requesting a GSA to find an alternative support strategy to meet students’ needs if a GSA was denied, and would provide a swift and free appeal panel process if a GSA is rejected and support is not provided.
Anderson said when and if Bill 10 returns, he hopes the amendments will be included.
“If students come forward and request a GSA, and it’s for some reason not granted, that school has to work collaboratively with students in the school to find a support system (for LGBTQ students),” Anderson said. “It’s not good enough to say no, (schools) need to address the underlying problem. There has to be a specific plan, a support strategy, worked out with the students.”
“You can balance the autonomy of the school boards, particularly faith-based boards, but still give support to LGBTQ students,” he added.
Anderson also said expecting students to go to court to appeal a school board’s decision to deny a GSA is “unreasonable” and the amendments would allow students to appeal to the Minister of Education at no cost to them.
One of the major points of debate to Bill 10 was the Bill did not mandate the creation of GSAs when requested by students.
“Bill 10 clearly does not make Gay-Straight Alliances mandatory,” Prentice said in the release, adding the Bill creates a legislated framework for students to pursue establishing a GSA.
“In my view, the school boards who are elected to administer schools have the legal responsibility to do so and that included the obligation to respect the Charter rights of their student bodies. There have been a few voices supportive of this approach and many opposed.”
It is not known when Bill 10 will return to legislature but Anderson said the “number one issue is to protect the life health of all students.”
“People are getting hung up on names of clubs,” he said, “and the issue is the whole child because they could need more than just a club.”
