In 1994, in ruling on the now infamous Delwin Vriend appeal case that added sexual orientation to the Charter of Rights and Freedoms, Alberta Court of Queen’s Bench Justice Anne Russell wrote that "discrimination against homosexuals is a historical, universal, notorious and indisputable social reality."
Sadly, while Alberta may have come a long way since that ruling 18 years ago, her statement still rings true today, as evidenced by last month’s controversial comments levied by an Alberta school board trustee.
Pembina Hills Regional School Division trustee Dale Schaffrick was speaking at an Alberta School Boards Association (ASBA) fall general meeting and during a debate regarding a proposal from Edmonton Public Schools that would further protect gay, lesbian, bisexual, transgendered and queer (GLBTQ) students from bullying and discrimination.
Schaffrick essentially said that gay students should try to be less identifiable so that they are not discriminated against, and then reiterated those comments again to the media two days later.
Although Schaffrick has publically apologized while taking ownership for his comments and stated that he is not "homophobic", Alberta human rights advocate and former police commissioner Murray Billet says damaging comments like his confirm that Alberta has a long way to go.
"His comments highlight exactly why sexual and gender minority students, staff and families require specialized supports," he says. "It’s exactly why a policy is needed."
Which leads us to the bigger issue; the fact the ASBA rejected the anti-bullying policy after two-thirds of the province’s trustees voted against the motion, claiming there is already protection for gay and lesbian students under a broader scope.
"Some GLBTQ kids and young activists have been and continue to be assaulted and robbed for being gay. Sadly, others have been and continue to be bullied and yes, murdered for being gay," Billet says. "Other kids choose suicide, that is our reality for our families... and yes, it could be your child."
These views are exactly why the ASBA must put its trustee’s apology into action, Billet adds.
It was once said by Martin Luther King Jr. that "our lives begin to end the day we become silent about the things that matter."
Then thankful we should be for activists like Billet and politicians such as Alberta Liberal education critic and MLA Kent Hehr, who was extremely disappointed at the comments – but even more disappointed the government’s new Education Act doesn’t specifically protect the GLBTQ community.
"In my view, a lot of the blame is with the provincial government," Hehr says. "They haven’t done enough to protect GLBTQ students and they need to send a clear message to the school boards that there is zero tolerance for bullying."
He says Albertans need to look no further than former premier Ralph Klein’s days – the very same Klein who was an extremely vocal critic of the Vriend decision – when Alberta was the last province to add sexual orientation protection in the charter.
Hehr says Klein was followed by former premier Ed Stelmach, who’s Bill 44 essentially allowed parents to pull their kids from school lessons about gay topics. Now, under the Alison Redford government, Hehr says the conservative agenda continues to fail to adequately protect those in the gay and lesbian community.
"It’s wrong, it’s ridiculous and it’s time they send a clear message," Hehr adds.
Alberta Education Minister Jeff Johnson did speak out against trustee Schaffrick’s comments through Twitter, stating he was disappointed and would never ask his child to "hide who they are."
However, he stopped short of endorsing extra protection for gay and lesbian students stating that he believes the provincial legislation already offers adequate protection.
That’s simply not the case, Billet asserts.
"Our kids do not choose to be gay yet they continue to face draconian consequences," he says. "We know many are bullied forcing them to lead this difficult and complex life of denial, deceit, restraint and obligation as they move through their life. Surely we can all agree that is wrong for any child."
Billet hopes that the issue has been instructive, reminding society that words shape consciousness, and words do have consequences. That is why, he says, Alberta needs to enact similar legislation to Ontario that provides Gay/Straight alliances in their schools.
"The mind is like a parachute and functions best when open. I think that’s an important reminder when contemplating matters for all of our families. As we move forward, I trust the people of Alberta will remind themselves this is about putting kids and families first."