Gendered change room policy in Sask. schools would put trans kids at risk, say advocates, families

Some advocates and families in Saskatchewan say trans kids are being used as a political pawn in this year’s election campaign, and they’re concerned about a campaign promise made by one party this week.

Saskatchewan Party Leader Scott Moe said Thursday if re-elected on Oct. 28, his party’s “first order of business” would be a policy restricting students to change rooms based on their assigned sex at birth.

“He doesn’t care about kids. He doesn’t care about making the change room safe, because he’s using this as a way to keep specifically trans women out of their correct bathrooms and change rooms,” said Wilbur Braidek, a trans teen in Saskatoon.

“It’s endangering children more than it’s helping children.”

Trans girls would particularly be at risk if forced to use the men’s change rooms, “because trans women are much more likely to be raped or assaulted,” said Braidek.

In making the announcement in Regina, Moe said “there will be a directive that would come from the minister of education that would say that biological boys will not be in the change room with biological girls.”

Terms like “biological boys” and “biological girls” can be used to imply that transgender people are still their assigned sex at birth, despite their identity.

The party was just alerted to change room-related concerns “recently,” said Moe.

Braidek said if the policy is implemented, trans kids may feel forced to use gender-neutral change rooms, which “could heavily endanger them by outing them.”

The 15-year-old Grade 10 student said he knows many trans kids at his school who use washrooms and change rooms interchangeably, and it’s never been an issue at his school. 

“It’s just sad that my entire existence is being debated while I’m just trying to live out my teen years.”

Braidek’s mother, Jessica Fraser, said Moe’s comments are a “dog whistle,” trying to pander to a voter base while distracting others from real election issues.

“I just wish he would stop using trans kids to promote his brand,” she said.

Moe’s announcement came after the news outlet the Western Standard published a story Wednesday featuring a parent saying their daughter had been uncomfortable in a change room with two other students who identified as female, but were assigned male at birth, at a Balgonie, Sask., school.

Fraser said she wonders if that student was “uncomfortable before or after she told her parents what was happening and her parents ranted about trans kids.”

Moe did not specify how many complaints the Saskatchewan Party had heard, but the party said it “received calls and correspondence with concerns regarding the complaint at [a south Saskatchewan elementary school].”

Policies like the proposed change room rule and last year’s Bill 137 — legislation introduced by the Saskatchewan Party government that requires parental consent for children under 16 using different names or pronouns at school — “are just stirring up anti-trans sentiment,” said Fraser.

Braidek has already been told at school that “it’s not a good idea to use the boys’ change room,” Fraser said.

“These should be safe places for everyone all the time, but keeping trans kids out of them doesn’t make them safer.”

‘Going too far in pursuit of votes’

Rachel Loewen Walker, the program chair of women’s and gender studies in the political studies department at the University of Saskatchewan, said Moe is “going too far in pursuit of votes.”

“To play politics to this degree when it is kids and youth that are the target, and that are going to suffer from this political game, is despicable,” she said.

Lowen Walker said Moe is “heavily relying on a confirmation bias” by using an isolated incident to propose public policy.

She said that change rooms often have shower spaces, and if the policy is implemented, it would undoubtedly impact bathroom usage, which she said would be “a huge step back.”

“It is slippery language that we know is absolutely referring to bathrooms,” she said. “This will counteract all of the work that was done in schools to create gender-inclusive bathrooms.”

Sonny Cantalini, program co-ordinator at It Gets Better Canada, a Toronto-based 2SLGBTQ+ charity, said if the policy is enacted, it could discourage trans kids from attending school.

“This is really regressive and harmful,” Cantalini said. “Not being able to use facilities that reflect their gender identity is something that can really affect youth in a number of ways, from their mental health to their feelings of safety and acceptance at school.”

They also said a change room policy, like Bill 137, would put teachers in a difficult position.

Cantalini also said Moe’s comments around “biological males” are part of transphobic conversations, since that ignores intersex youth who may not fit into the biological categories of male or female. 

“This being the first item on their agenda really speaks to trying to create controversy in order to get political uplifts,” they said.

Violation of Charter: lawyer

Roger Lepage, lawyer at Miller Thomson, said he believes the change would violate students’ rights.

“This policy in my opinion violates the protective rights of students under Saskatchewan Human Rights Code and also under Section 15 of Charter of Rights and Freedoms,” he said.

Samantha Becotte, the president of Saskatchewan Teacher’s Federation, said kids are being used for political gains and that the policy would make teachers’ lives more cumbersome.

“Policy changes that don’t support student’s identities also make it difficult for teachers to ensure that students are coming into safe learning environments,” she said.

Saskatoon residents react

CBC asked people in downtown Saskatoon what they thought about the idea of a change room policy.

“There should be at least some safety for everyone involved, it doesn’t matter what gender you are,” said Chris Ngo.

“The people that are born as female also may not feel comfortable with that… If we’re going to put other people into uncomfortable situations, I don’t think that’s fair.”

Rhonda Kincade agrees, but said it’s not the most important election issue.

“The simplest solution is the best. You’re a boy, you go into the boys’ change room. Just seems right to me,” she said.

David Reeder said there is a safety issue, and kids should use change rooms matching their sexual identity at birth.

“I’m probably old-fashioned, but I think a lot of it is when we know what gender we are, that’s what we should be using, simple as that,” he said.

But Brennan Gasmo said kids should be allowed to use the facilities they’re most comfortable with.

“I don’t know if I would blatantly black and white say, ‘Hey, we should have a policy to not allow people to do so,'” he said.

School boards weigh in 

CBC also contacted Saskatchewan’s four main school divisions.

Regina Public Schools pointed to its existing policy, which says students “have the right to use the washrooms and change rooms that match their gender identity.”

Saskatoon Public Schools said in a statement that its present policy states that all students have a right to safe washroom and change room facilities. 

It also said all of its schools offer a private, individual space to use the washroom or change.

“Privacy stalls or curtains have been installed — or are in the process of being installed — in shower areas at secondary schools,” the statement said, while at elementary schools, the students don’t usually use change rooms.

“They wear their street clothes in gym class, for example,” the division said.

Greater Saskatoon Catholic Schools said it will work with students and families on “a case-by-case basis” to maintain respect and dignity of all students as they have not formalized that approach in policy yet.

The Regina Catholic School Division says its newer schools have washrooms with a full door, and change rooms that are typically labelled “A” and “B,” and can be used by different groups regardless of gender.