School board to ask province to repeal section of Human Rights Act
By Maxwell Rausch
EDMONTON — The Edmonton Public School Board voted Dec. 13 to ask the Alberta government to repeal a contentious section of the Alberta Human Rights Act.
Section 11.1 of the Human Rights Act, first introduced as Bill 44 in 2009, requires that schools notify parents and obtain consent before teaching classes on religion, sexual development or sexual orientation.
Vice-chair Sarah Hoffman said that because the clause exists in the Human Rights Act, concerned parents theoretically could take teachers before the Human Rights Commission without ever expressing their concerns to the school.
“There’s no requirement that you actually work with the school to try to resolve the concern,” Hoffman said. “You could subvert that process and go directly to the Human Rights Commission.”
The Edmonton Public School Board voted on December 13, 2011, to ask the province to repeal Section 11.1 of the Alberta Human Rights Act, which opponents say has had a negative impact on learning in the classroom. Photograph by Maxwell Rausch.
Trustee Heather MacKenzie, whose Ward E covers part of west Edmonton, first brought the motion to call for repeal. She said Section 11.1 has had a negative impact on education.
“I think there is a fear some teachers have around approaching some subjects because of this section,” MacKenzie said.
She told the board how the Stephen Lewis Foundation could not book speakers in schools for fear of legal repercussions.
“Section 11.1 has had the adverse effect of making teachers afraid to have [speakers] come to their classroom to talk about HIV/AIDS in sub-Saharan Africa.”
Not all trustees supported the motion to repeal the law. Trustee Cheryl Johner, who represents Ward A in the city’s north end, told the board she has always appreciated, as a parent, being notified when religion or sexuality were to be taught.
“Not that I’ve ever pulled them out (of a class), but I thought it was important, if I did have any questions, to know it was up and coming,” Johner said.
Trustee Christopher Spencer, whose Ward C covers the other part of Edmonton’s west end, said the School Act already affirms parental rights to know and consent to their children’s participation in classes about religion and sexuality.
“This section (11.1) of the Human Rights Act is redundant,” Spencer said.
“We’re not changing the parents’ right to be consulted, we’re saying it’s better as an educational piece than as a human rights piece,” he said.
Hoffman said the School Act still allows parents to take their concerns to the principal of a school, the school board, and ultimately Alberta Education if they believe it is necessary.
Hoffman said she had not heard of any complaints that had been taken that far.
“If parents approach the teacher and the principal, 95 per cent of the time it gets resolved right there,” Hoffman said.
The board voted 5 to 3 in favour of asking the Alberta government to repeal Section 11.1. Chair Dave Colburn was absent from the meeting on official business in China.
Hoffman said the board will draft its letter to the provincial government within the month. Then it is in the hands of the province whether Section 11.1 will be repealed.