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Lawyers threaten legal action after B.C. Conservatives promise to remove SOGI

Lawyers Against Transphobia say John Rustad's plan to remove SOGI 123 would harm queer students
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barbara findlay (name is spelt without capital letters), is a lawyer of 40 years and a member of Lawyers Against Transphobia

The national organization Lawyers Against Transphobia have announced that they will take legal action if the Conservative Party of B.C. follows through on its promise to remove learning resources on sexual orientation and gender identity (SOGI) from schools.

On Oct. 13, the Conservative Party of B.C. released its , with the final voting day on Oct. 19. Among the promises made, B.C. Conservative Party leader John Rustad vowed to remove SOGI 123 learning resources from schools. 

"When kids go to school, parents trust and expect the school to provide a quality education in a safe environment 鈥 not activist ideology that could send kids down a dangerous path," said Rustad. 

Black Press has requested comment and clarification on what is meant by the term "dangerous path," in regards to a gender and sexual orientation-inclusive learning resource.

The SOGI 123 resources, which was implemented in 2016, is intended to help teachers have conversations with students about sexual orientation and gender identity, so that children feel safe and better understand their own and other people鈥檚 diverse life experiences,  

is a toolkit, not a curriculum, for teachers to use to ensure 鈥渢hat classroom resources show people from all sorts of backgrounds." Additionally, the resources are intended to assist teachers in discussing about the diverse experiences and challenges faced by 2SLGBTQIA+ people. 

The resource has been proven to according to an evaluation also released in October involving 482 elementary and secondary schools over a period of three years. The mixed-methods evaluation of SOGI 123 was completed by the University of B.C. 

On Oct. 14 , a national group of lawyers and justice workers, released a statement opposing Rustad's platform, calling the proposed changes "illegal."

The organization of lawyers allege that Rustad鈥檚 "cynical plans are a violation of the human and equality rights of every student who has the right to safety in the classroom. Lawyers against Transphobia are here to support the safety of all queer, trans, straight and cis students in the B.C. school system.鈥

barbara findlay (whose name is spelt without capital letters), a lawyer of 40 years with the organization, said, "If Rustad proceeds with his threats, Lawyers against Transphobia will fight those changes in the courts."

Despite the benefits of the learning resource as reported by both queer and heterosexual students in the evaluation, adults across B.C. have taken issue with SOGI 123 resources being available to children over the last two years.  

At a ', people held signs saying "SOGI is harming our children" and "If you really understood the LGBTQ agenda you would march with us to protect God鈥檚 children,鈥 and chanted the phrase "education not sexualization." A key issue that has been brought up by adults opposing the resource is the discussion around preferred pronouns, gender diversity and self expression in classrooms.

In addition to the surge in  held across the province, teachers report that they have been 

Rustad says that if elected he will remove SOGI 123 from schools and will replace the resource with "zero-tolerance anti-bullying programs and supports."

In an interview with Black Press, findlay said Rustad's proposed plan to remove SOGI 123 from schools contravenes the Equality Rights section of the Canadian Charter of Rights and Freedoms, as queer and gender diverse people are a marginalized group who require protection. 

In this case, the protection is education about the existence and lived experiences of queer and gender-diverse people. 

"[Lawyers against Transphobia] say the removal of one of the very few protections in place for trans youth is illegal," said findlay. 

She said that after 40 years of working as a lawyer, "equality is going out of style... Queer and trans youth are being vilified in a way that I have not seen in decades. "

"There is for sure a wave of transphobia happening," said findlay, referencing policies that impact trans and gender-diverse youth in , and "I see rights being eroded. ... It is frightening."

findlay said that she has experienced first-hand what it feels like to be a queer student in a system where you feel like you don't fit in. She, along with her peers, did not understand what it meant to be a queer person in the 1960s, because it was not talked about. She said the lack of education and acceptance of people with differences led to fear and discrimination. 

"I think that one of the main roles of education is to educate young people on how to be good citizens, and teach equality as a value that underlines society."

findlay said Rustad's plan to remove SOGI 123 is intended to "indulge prejudice," and is not rooted in science, as the resource was found to reduce bullying for all students. 

"The risk to queer and trans youth from a Rustad government is profound."

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Jacqueline Gelineau

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