A judge has tossed a court challenge by the Anglophone East District Education Council over Policy 713.
Chief Justice Tracey DeWare of the Court of King’s Bench released her 67-page ruling on Friday.
DeWare said the elected council does not have standing to argue the province’s school gender identity policy violates Charter rights.
Under the updated policy, schools now require parental consent if a student under 16 wants to informally use a different name or pronoun.
The Anglophone East DEC, which represents schools in the Moncton area, argued the controversial changes made in 2023 are discriminatory and endanger students.
In a statement released Friday, members of the council said they were shocked and disappointed by the judge’s ruling.
“The decision to challenge Policy 713 was not taken lightly. It was motivated by a steadfast belief in the fundamental rights of students and the importance of upholding policies that reflect the DEC’s values of inclusion and diversity,” said the statement.
“The DEC believes that, if left to stand, this judgment will hinder the progress made in creating equitable educational spaces and sets a concerning precedent for the future.
“The DEC will continue to explore all available avenues to ensure that schools remain places where every student can thrive without fear of discrimination or exclusion.”
DEC members said they will meet to consider their options going forward.
The decision comes one day after it was revealed Education Minister Bill Hogan was moving ahead to dissolve the council, claiming it was using funds “in an irresponsible manner” by challenging the changes in court.
Bill Hogan received the green light from cabinet to make an application to the Court of King’s Bench, according to an order-in-council dated May 9.
That was exactly one week after the minister announced he would seek to have the elected council disbanded.
The Anglophone East DEC said it has not yet received any notice of a court application.
