Sask. government's pronoun policy relied heavily on 1 U.S. expert
U.S. clinical psychologist wrote affidavit supporting Sask. government position, court documents show
The fact the Saskatchewan government went outside its borders to find an expert to consult in crafting its controversial new education policy is being questioned by some critics.
The policy to require parental consent for students under the age of 16 to change their names or pronouns at school was formulated and announced this summer, then challenged in court.
After a Court of King's Bench judge granted a temporary injunction that halted the policy until a full hearing could be held, the government opened an emergency session of the Legislature last week and introduced legislation that invokes the nothwithstanding clause to override sections of the Canadian Charter of Rights and Freedoms and the Saskatchewan Human Rights Code.
Court documents filed in response to the UR Pride Centre for Sexuality and Gender Diversity's challenge over the constitutionality of the initial policy have shown that the government cited one expert it relied on in coming up with the policy: Dr. Erica Anderson.
Anderson is a clinical psychologist based in Berkeley, Calif., who is transgender. She stated in her affidavit on behalf of the government that "social transitioning" can have a significant psychological impact on a young person.
Social transitioning is the process by which transgender people begin to use different names or pronouns other than those assigned at birth. Social transitioning can also include changes to hairstyle or clothing, to more closely align with the child's gender identity.
Anderson has been a vocal critic of any rush to social or physical transitioning.
While CBC was unable to interview Anderson because she stopped responding to requests to set up a time for an interview, she has spoken to other media outlets, including 60 Minutes journalist Lesley Stahl. In a 60 Minutes episode from May 2021, Anderson spoke of trans people feeling mistreated by the health-care system in the past.
"So there's been a reaction which is, well, if we actually accept that trans people exist and deserve a right to be themselves and to have access to quality medical care, then let's give it to them," she said, stating that health-care providers jumping into the field have done so because of the novelty of treating trans patients. "I think it's deplorable."
In court documents, the UR Pride Centre's legal counsel noted Dr. Anderson had not addressed the "rather potentially severe mental health and physical abuse which may be suffered by a gender-diverse youth in a home without supportive parents."
The legal counsel also noted that the expert relied on by the province did not address extensive research and data on the risks faced by gender-diverse youth who cannot express themselves through the use of a chosen name or pronoun.
The government says that prior to introducing the policy, it also received 18 letters to the province asking for a pronoun and name policy similar to the one in New Brunswick.
Members of the Regina Civic Awareness and Action Network are among those who have confirmed they wrote to the government to come up with a policy regarding sexual and gender diversity in classrooms. On its website, the group says, "We believe in the traditional values on which our great City of Regina, our province of Saskatchewan and our nation was built."
Wayne Bernakevitch was among the letter-writers and is a member of the group, which he says advocates on behalf of families.
"We're of the view that family is foundational to our society and the proper working of our society," he said.
The group had sought intervenor status in the UR Pride Centre's court challenge of the policy, which Bernakevitch said was because of their concerns about the well-being of children.
"Children who present with gender dysphoria or some type of body discomfort will almost invariably have some co-occurring situations, disability in their lives, comorbidity, or they are vulnerable in some way," he said. "And we just don't think that those people, those issues are being addressed here."
Bernakevitch and others in support of government policy have often cited changes in Sweden putting the brakes on medical treatments for trans minors. Last year, that country decided to halt hormone therapy for minors, except for in very rare cases.
j wallace skelton (who uses lowercase spelling) is an assistant professor of queer studies and education at the University of Regina who identifies as LGBTQ+ and has been paying close attention to the debate on this issue.
skelton said research shows the regret rates for medical transitioning are low — at around one per cent — even lower than they are for other medical procedures, such as a knee replacement.
However, skelton noted, medical transitioning is a different issue than social transitioning, the focus of the government policy.
"The idea that young people are being rushed, simply is not backed up by any actual fact," skelton said. "What we instead see is that people are looking for care, and are unable to access care."
skelton said there isn't any irreversible harm to taking an affirming approach by using someone's chosen name and pronouns and that gender-affirming care has the best health outcomes for gender-diverse people.
The Canadian Pediatric Society, for example, released a position statement in June endorsing an affirming approach to caring for gender-diverse youth.
skelton said it's easy to see why the government has gone outside of Canada's borders to find a U.S. expert to endorse its official position.
"They have chosen someone whose beliefs and practises are outside of the accepted ones in her field in either country," said skelton.
Those who have lobbied for the government to make changes to education are people who want to uphold a patriarchal way of life and may fundamentally oppose people identifying in ways they don't agree with, skelton said.
"And they think if they can push back against us and make us stop or go away, they can continue to insist that families and society be organized around sexist and patriarchal systems," skelton said.
"Saying that people can make choices about what's right for them says you cannot continue to impose patriarchal and sexist systems."
With files from Janani Whitfield