The new Education Act, proclaimed in force September 1, 2019, has a focus on diversity. It promotes diversity in the courses being taught in Alberta under section 16:
Diversity and respect
16(1) All courses or programs of study and instructional materials used in a school must reflect the diverse nature and heritage of society in Alberta, promote understanding and respect for others and honour and respect the common values and beliefs of Albertans.
(2) For greater certainty, the courses or programs of study and instructional materials referred to in subsection (1) must not promote or foster doctrines of racial or ethnic superiority or persecution, social change through violent action or disobedience of laws.
It gives students the responsibility of respecting diversity under section 31 and the Board this same responsibility under section 33. Therefore, while individual teachers as human beings have a right to their own personal opinions, the focus within the workplace and at schools across Alberta must be to ensure a “…welcoming, caring, respectful and safe learning environments that respect[s] diversity and nurture[s] a sense of belonging and a positive sense of self” for each student.
Once we as educators, principals and administrators have the knowledge of how homophobia is affecting youth in a learning environment, each of us can choose the strategies we will use to create a safe school. These strategies can range from prohibiting the use of homophobic slurs, to assisting in the organization of a gay/straight alliance at school, to inviting an expert to talk to classes. For instance, Youthsafe.net offers a free session, that is fun and non-judgmental, to open the door for a discussion of some of the stereotypes about LGBT+ youth.
The Supreme Court of Canada in Ross stated:
The importance of ensuring an equal and discrimination free educational environment, and the perception of fairness and tolerance in the classroom are paramount in the education of young children. This helps foster self-respect and acceptance by others.
Many school boards and regional divisions in Alberta have anti-harassment policies that prohibit discrimination and harassment based on sexual orientation and gender identity. To make a complaint based on one of these policies see the policy itself for instructions on how to file a complaint. A person may also contact the appropriate school board or regional division to find out the best way to file a complaint based on a particular policy. Sometimes this information can also be found by doing a search on the Internet of the relevant policies and complaint procedures.
The Edmonton Public Schools Board (“EPSB”) has a board policy and administrative regulation on Sexual Orientation and Gender Identity. The board policy states in part:
The Board is committed to establishing and maintaining a safe, inclusive, equitable, and welcoming learning and teaching environment for all members of the school community. This includes those students, staff, and families who identify or are perceived as lesbian, gay, bisexual, transgender, transsexual, two-spirit, queer or questioning their sexual orientation, gender identity, or gender expression. The Board expects all members of this diverse community to be welcomed, respected, accepted, and supported in every school.
The Calgary Board of Education (“CBE”) “…is committed to ensuring safe and equitable learning and work environments for everyone.” It notes that: “The safety, well-being, and experiences of LGBT youth (e.g., lesbian, gay, bisexual, transgender) is important.” The CBE has developed Administrative Regulation 4038 that addresses sexual harassment, harassment and discrimination by and against employees, volunteers and visitors.
In 2014 Kent Hehr made a motion to “…urge the Government to introduce legislation, like Manitoba’s or Ontario’s, requiring all school boards to develop policies to support students who want to lead and establish gay-straight alliance activities and organizations…”. The motion failed. However, later in 2014 Laurie Blakeman introduced Bill 202 that would allow students to start a gay-straight alliance in their school if they wished. Until this point, some schools were not allowing students to start such a group, or some students could start a group but were not allowed to call it a gay-straight alliance. Bill 202 passed first reading but was later replaced by Conservative government proposed legislation known as Bill 10. There is more information online about the timeline of events and reasons for Bill 10 replacing Bill 202. After much public and political debate, Bill 10 was amended to reflect the original Bill 202. The amended Bill 10 came into force on June 1, 2015, allowing students to set up gay-straight alliances in their schools and call them gay-straight or queer-straight alliances if they so choose.
For more information about gay-straight alliances and supporting LGBT youth in schools see the following Alberta resources:
Gay-straight alliances in Alberta schools: a guide for teachers Online: Institute for sexual minority studies and services :
“Ten steps to creating a GSA in your school” – Online: The Alberta teachers’ association www.teachers.ab.ca
“GSAs and QSAs in Alberta schools: a guide for teachers” – Online: The Alberta teachers’ association www.teachers.ab.ca
“Gay-straight or Queer-straight alliances in schools” – Online: Alberta Education: https://education.alberta.ca
In addition, the Alberta Teachers’ Association (“ATA”) is an excellent resource to assist teachers in addressing sexual orientation and gender identity educational issues. The ATA Declaration of Rights and Responsibilities for Teachers, the Code of Professional Conduct, and the Policy on Diversity, Equity and Human Rights all include sexual orientation and gender identity and have done so for many years. The ATA publishes a tri-fold policy brochure that outlines the policies of the ATA regarding sexual orientation and gender identity.
The Institute for Sexual Minority Studies and Services (“ISMSS”) does research that contributes to policy development for sexual and gender minorities. It sponsors Camp fYrefly, a summer leadership program for LGBT youth. ISMSS is located at the University of Alberta and is a key contributor to changing policy and providing education on issues that affect LGBT+ youth.
The above discussion demonstrates that there is an ethical and legal duty on teachers, staff, school services and school boards to work against discrimination and harassment based on sexual orientation and gender identity. In the past years teachers, school staff and principals and students have played a key role in fulfilling this duty.
One study says that the accusation of being ‘gay’ is the most prevalent and hurtful one aimed at other students. “[This] accusation was virtually impossible to refute without a dramatic change in social behaviour and it could be deployed on a continuum of severity or seriousness, from throwaway jocularity to ultimate degradation of the victim, whether true or not.”
The following section outlines some of the legislation and policies that protect against discrimination based on sexual orientation and gender identity. These include:
the Canadian Teachers’ Federation;
the Canadian Criminal Code, including hate crime legislation;
provincial human rights legislation, including the Alberta Human Rights Act;
the Canadian Charter of Rights and Freedoms;
the Alberta Bill of Rights
the Alberta School Act and the Education Act, if it is proclaimed in its current form;
Boards of Education policies and regulations; and
the Alberta Teachers’ Association.
The Canadian Teachers Federation (“CTF”) publishes a Policy on Anti-homophobia and Anti-heterosexism. While in the process of making your classroom and school a safe place for all students to be open to learning, you may find different cultures have different stereotypes of LGBT communities. Discrimination does not happen in a vacuum. Instances of harassment may be linked not just to sexual orientation, but to other forms of oppression.
Decriminalizing Homosexuality
The Criminal Code has, over the years, had a series of homophobic sections that provided for punishments based on sexuality. Homosexuality, per se, was decriminalized in 1969 by Pierre Trudeau. However, even after 1969 there were certain sexual acts that were seen as a violation of the Criminal Code. These sections have been updated and amended over time but criminal charges were still being made until 1995.
Hate Crimes Legislation
Hate crimes, including hate propaganda, advocating genocide and inciting hatred based on sexual orientation are prohibited in the Criminal Code under section 318 and 319.
Sexual orientation was added to this section in 2004. To file a claim under the Criminal Code a person makes a report to the local police or RCMP. The Calgary, Edmonton and Lethbridge police services also have representatives who liaise between the LGBT+ communities and the police service. For those people who have a complaint based on sexual orientation or gender identity it is important to contact these representatives for support and direction. For more information about hate crimes see the ACLRC publication “LGBT IQS+Rights: Climbing the Judicial Steps to Equality” or the publication on Hate Crimes called “Hate Crimes and Hate Expression in Alberta and Canada.”
Both provincial human rights statutes and the Charter of Rights and Freedoms (the “Charter”) protect people from discrimination based on sexual orientation in certain areas. Cases have been heard under the Charter and under the Alberta Human Rights Act based on sexual orientation and on gender identity. Sexual orientation has been written into the Alberta Human Rights Act but gender identity is typically covered under the ground of “gender”. In 2015, the Bill of Rights was amended to include gender identity and gender expression.
The Charter protects individuals from ‘government action’ that is discriminatory based on one of the grounds listed in section 15, or any analogous (i.e., similar) ground. Section 15 grounds are: race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Sexual orientation was not included in the original list of section 15 grounds even though it was a major area concern when the Charter was being drafted. However, the Supreme Court of Canada has ruled that sexual orientation is an analogous ground, and therefore has Charter protection.
Schools have a responsibility to create an inclusive environment for LGBT students. Some Charter claims regarding schools have been made. For instance, Marc Hall requested an injunction so that he could take his same-sex partner to his high school senior prom. Justice McKinnon of the Ontario Superior Court of Justice stated:
School is a fundamental institution in the lives of young people. It often provides the context for their social lives both inside and outside of school hours. Recreational activities such as sports, clubs and dances, which are important in the development of a student’s development, are often experienced within the school setting. Exclusion of a student from a significant occasion of school life, like the school Prom, constitutes a restriction in access to a fundamental social institution.
The exclusion from the school dance was found to violate Hall’s Section 15 Charter rights. In making this decision Justice McKinnon stated:
In my view, the clear purpose of s. 15 is to value human dignity in a free society where difference is respected and equality is valued. The praiseworthy object of s. 15 of the Charter is to prevent discrimination and promote a society in which all are secure in the knowledge that they are recognized as human beings equally deserving of concern, respect and consideration.
To make a Charter challenge, based on discrimination, a government law, policy or other action must violate a person’s human rights. However, if a company, organization or other service is the source of the problem then a claim may lie under the Alberta Human Rights Act.
The Alberta Human Rights Act prohibits discrimination, including harassment, based on sexual orientation and gender (including “transgender”). This discrimination is prohibited in all areas including:
publications and notices;
goods, services, accommodations and facilities;
tenancy;
employment practices; and
membership in a trade union.
Jubran, who was teased with gay slurs but who was heterosexual, demonstrates that LGBT students are not the only ones affected by discrimination. Heterosexual students are also at risk of bullying. It is important for schools, administrators, teachers and councilors to address this kind of discrimination and decide ahead of time how to deal with particular situations. Ignoring harassment and discrimination means that all students suffer.
The Alberta Human Rights Act also covers discrimination against trans people under the area of gender. The Commission’s information sheet says “gender” includes “… being male, female or transgender.”
To file a complaint under the Alberta Human Rights Act a person would go to the Alberta Human Rights Commission and fill out a complaint form. The complaint form and guide can also be accessed online, but the complaint must be submitted in print-copy at the Commission office. When filing a complaint the complainant should make sure that all areas are ticked off in which the alleged discrimination happened and that the correct ground or grounds are specified. For instance, if the discrimination is based on being transsexual, the correct ground would be ‘gender’. However if a transsexual person is not being given the time off necessary for surgeries then the complainant form should be marked off with ‘gender’ and ‘disability’ to indicate that there is a potential claim for accommodation in a medical issue. A Human Rights Officer at the Commission can help to determine which areas and grounds should be marked on the complaint form.
How can we create an equal and discrimination free education environment that is open to all students regardless of sexual orientation or gender identity? Some important queries to make about the school environment are:
What is being done to promote the acceptance of unique identities within the school?
What is being done for youth who are being harassed?
What is being done to address the youth who are doing the harassing?
Language can be a powerful force of inclusion or exclusion and it plays an important role in promoting equality. Imagine the example of a student in a class being told, “Take this paper home for your mom and dad to sign.” For some in the class this statement will reflect their family structure, however for students in single parent homes, adoptive or foster homes and same-sex parented households this statement is a direct reflection of the invisibility of their particular family makeup. Many of the students in our classrooms do not have a ‘mom and dad’ responsible for them. Using more inclusive terms and interchanging the terms that are used in the class will help all students feel welcome.
Students and their parents are assumed heterosexual over and over again on a daily basis. Forms they fill out have a space for mother and father, male or female, never considering alternatives. Classmates assume that their friends are interested in the opposite sex only, and will ask awkward questions such as asking a boy “Have you ever had a girlfriend?” These types of questions might seem harmless but their repetitive nature makes them a constant reminder to gay, lesbian, and bisexual students that they are not fully accepted by their peers. For students who might be questioning their sexual orientation, the constant assumption of heterosexuality, otherwise known as heterosexism, is a warning that they had better hide their identity. This issue is even more complex for a trans person who may be aware at an early age of his trans status but is unable to discuss it at school or at home. Using the incorrect pronoun to describe an ‘out’ transgender student sends a message to other students that transgender people are not accepted.
Creating a safe and inclusive learning environment is not just an ethical mandate but a legal one as well. In Canada, provincial human rights legislation prohibits discrimination in services customarily available to the public. Public schools are included in this category and discrimination based on sexual orientation is prohibited in every province and territory in Canada. Discrimination based on gender identity is written into many human rights acts across Canada, however it has not been included in all provincial human rights statutes. At the time this was written the following provinces did not explicitly include gender identity in their provincial or territorial human rights statutes: Alberta, British Columbia, Quebec, New Brunswick and the Yukon Territory. However, these places continue to accept complaints based on gender identity under the ground of “gender” or “sex”. In addition, some places also include “gender expression” within human rights legislation. This is a new ground and law will have to be developed to understand more fully what is included in that ground.
Preventing discrimination, including name-calling, is not just a professional duty but also a legal responsibility for school boards. The British Columbia Court of Appeal in the Azmi Jubran case found that school boards have a “duty to provide students with an educational environment that does not expose them to discriminatory harassment.”
Clearly, school boards, teachers and other school officials have a responsibility to be pro-active about promoting a classroom that is free from harassment and discrimination. Here are some strategies to use in a learning environment to encourage equality and respect. Before implementing them you may want to spend some time examining your own stereotypes and language.
Use open language when referring to romantic relationships. Try to use the term ‘partner’ and avoid assuming people are heterosexual.
With each new year and new class, begin by laying the groundwork for class dynamics. Let students know that name-calling is not allowed in the classroom. Have students outline rules for respectful behaviour.
If you have a discussion about sexual orientation, include gender identity and talk about some of the issues facing trans students.
Contact a representative of your school board to find out what supports are available for transgender students. The Calgary Board of Education (“CBE”) and the Edmonton Public School Board (“EPSB”) have experience with issues facing trans students and they can help you to address these issues in your school and classroom.
Contact the ACLRC or Youthsafe to ask for an interactive session addressing the issues facing LGBT+ youth.
Inclusive language is not only about eliminating heterosexist and transphobic assumptions, but also about creating space for LGBT+ communities. Ensure you make reference to same-sex couples in ordinary discussions and lessons. For example, rather than always using a heterosexual couple in an example, sometimes use a same-sex couple. The goal is to actively let people know that, as the teacher responsible for the classroom, you are accepting of all students regardless of their sexual orientation or gender identity. This does not indicate that you are promoting any particular identity, but simply that you want LGBT+ students to know that they are safe, while letting other students know discrimination is unacceptable.
Do not make jokes about women or men in drag. Sometimes these issues come up in videos, or television shows. The degree of seriousness with which you deal with the issue will demonstrate to students that your classroom is a safe space for all youth.
When talking to an LGBT+ student, follow their lead. Use whatever term they use to self identify. If you feel uncomfortable, ask privately and respectfully what the person prefers.
Take a look around at the physical environment of the classroom or education setting, Are the posters representative of all people regardless of their sexual orientation or gender identity? Are any of the images homophobic or transphobic? Are the books you assign inclusive, or if they are not do you discuss the discriminatory aspects of the book?
Try not to use the term ‘homosexual’. ‘Homosexual’ was originally coined as an expression to describe a pathology (disease). This term is not specific to the person you are referring to (i.e., gay, lesbian, bisexual) and is too often used in a negative, rather than positive fashion.
Be aware that stereotypes about LGBT+ communities will be different across diverse communities. Get your class to discuss and deconstruct these stereotypes, being aware of diversity. Examine different stereotypes that are seen in various cultures. The Youthsafe session described in the back of this booklet allows students to explore stereotypes and discuss these with their classmates.
“Don’t assume that everyone is heterosexual. Assume that there are heterosexual, lesbian, gay and bisexual people in all classes, sports, the cafeteria, the staff room, meetings, daily life, etc.”
Don’t assume that someone who looks effeminate is gay, or who looks butch is a lesbian. Don’t assume being a macho male or feminine female means a person is heterosexual.
Encourage your school to make LGBT+ friendly policies and have LGBT friendly forms.
Language can be used to actively exclude others from feeling accepted, it can be used in a way that ignores the existence of others, or it can be used to purposefully harm another person. Particular words or phrases in one context might be acceptable, while in other contexts hurtful and harmful. There are many words, such as ‘queer’, that have been reclaimed by the LGBT+ communities as positive labels. However when these same words are used in a hateful manner they are hurtful to a student’s self esteem and growth. Usually terms such as these, which have been reclaimed by a community, can only be used safely by people that belong to that community. It is best to use more mainstream terms such as lesbian, bisexual, gay and two-spirited. Ensure that the person you are describing feels comfortable with the language you are using. Most importantly do not ‘out’ a student/colleague unless you have received their permission to do so.
Most likely if you hear a term that sounds like a taunt, then it IS a taunt regardless of what the word is. Make your class aware that it will be the tone of the comment that will receive punitive action. If it sounds degrading, and especially if the person on the receiving end feels harassed, it will be seen as degrading. Human rights case law says that discrimination is not determined by the intent of the harasser, but by the effect it has on the victim.
Jubran (discussed above) is a clear demonstration of this. Students in that case said that they did not intend to be calling Mr. Jubran a homosexual. They simply used the word ‘gay’ and ‘fag’ to describe anything that they did not like. The Court of Appeal stated, “The effect of their conduct, however, was the same whether or not they perceived Mr. Jubran to be homosexual.” By using homophobic terms that are associated with negative characteristics, Mr. Jubran was denied full participation in school. This impacted his dignity and caused people to equate Mr. Jubran with the negative perceptions students had about homosexuality. Therefore it is important for students to understand that it is the effect of their words that will be punished, not the intent.
Homophobic and transphobic language is aimed not only at LGBT+ people, but also at heterosexual students who do not ‘fit’ in with what is perceived as popular or mainstream. By eliminating taunting language from your classroom and school you are not just protecting LGBT+ students, but all students. You will be protecting students’ rights to freely express their gender, whether that means girls playing football or boys wearing pink. In addition you will be creating an example of respect that is due to all students regardless of their sexual orientation, race, ability, sex or other unique characteristic. It is impossible to create this kind of environment if teasing is allowed on one of these grounds, but prohibited on another.
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