Page Content
Laura Harris, ATA News
Bill 44, the Human Rights, Citizenship and Multiculturalism Amendment Act, 2009, was passed into law just before 1:30 a.m. on June 2 and given royal assent on June 4.
The bill included a number of amendments, including one that enshrines sexual orientation as a protected ground of discrimination into Alberta human rights law—more than a decade after the province was ordered to do so by the Supreme Court of Canada.
What created national controversy were the provisions in the bill requiring school boards to notify parents and guardians “where courses of study, educational programs or instructional materials, or instruction or exercises … include subject-matter that deals primarily and explicitly with religion, human sexuality or sexual orientation.” The notification is required in order to allow parents (or guardians) to remove their child from the classroom if the subject matter conflicts with their beliefs. If the parents are not notified, the amendment provides grounds for them to file a human rights complaint against the teacher in question.
“The School Act already requires that parents be notified when curriculum on sexuality is to be taught, and permits students who receive permission from their parents to be excused from religious or patriotic instruction or exercises,” said ATA President Frank Bruseker. “All this legislation effectively does, by adding sexual orientation to the list of opt-out situations and using language that is open to broad interpretations, is leave teachers open to the threat of a human rights tribunal.”
While Bruseker is concerned about the threat the legislation poses to teachers, he is confident that teachers will continue to foster respect, tolerance, understanding and critical thinking in their classrooms.
“The Association maintains its position that these amendments are unnecessary, wrong-headed and do nothing to foster a tolerant, inclusive society. However, we have great faith that all teachers in the public education system will continue to maintain the high level of professionalism they have demonstrated throughout their careers and continue to provide meaningful learning experiences for their students,” said Bruseker. “That said, Bill 44 is now law, and we as an Association will now prepare to defend those teachers who find themselves in front of a human rights tribunal.”
The vote on third and final reading of Bill 44 was 35 in favour, 7 opposed. As anticipated, all votes in favour of the controversial legislation came from members of the Progressive Conservative party. Absent from the vote was Education Minister Dave Hancock.
Further background on Bill 44, and information and an update on related activity by the Association, can be found at www.teachers.ab.ca.
Also In the News
