Trying to Make Sense of Alberta Bill 10

On October 7th of this year, Liberal MLA Kent Hehr introduced a Motion (503) that Alberta essentially follow the practice of Manitoba and Ontario requiring school boards to show support to any student who wants to establish a gay-straight alliance (GSA) and activities that will show an inclusiveness with respect to students regardless of sexual orientation. Wikipedia defines a Gay-Straight Alliance as student-led organizations that are intended to provide a safe, supportive environment for lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) youth and their straight allies.

The Motion is voted down and then on the 15th of October, Liberal MLA Laurie Blakeman announces plans to introduce a private member's bill in support of the GSA directive, which she did on November 15th through Bill 202.   A few weeks later, newly elected Premier Prentice announced that 202 wasn't needed since the government was intending to introduce Bill 10 that would render it redundant. Bill 10 passed second reading but has now been placed on "pause" for more study.

The Edmonton Sun reported on November 27th that "Prentice said Bill 10 will amend the Alberta Bill of Rights to “unambiguously” support equality for LGBTQ Albertans while prohibiting discrimination based on sexual orientation. The bill will also move Section 11.1 of the Alberta Human Rights Act to either the School Act or the forthcoming Education Act. The section was controversial because it requires school boards to provide parents with notice where classes 'include subject matter that deals primarily and explicitly with religion, human sexuality or sexual orientation.'”

The Globe and Mail noted on December 4th that "Amendments to Bill 10 would empower Education Minister Gordon Dirks to create the clubs even if school boards said no. However, those clubs would presumably be off school grounds, leading to charges that Bill 10 would segregate gay children."  The article also added, "The situation was further muddled because Mr. Dirks has been a pastor for an evangelical church that says homosexuality is a sin and calls on gays to repent. Mr. Dirks preached there more than a dozen times and did not contradict his church’s view on sexual issues."

If Bill 10 were to be passed (according to the Association for Reformed Political Action) then Bill 10 would:

1.        Amend the Alberta Bill of Rights so that sexual orientation is added to the list of prohibited grounds of discrimination and adds the right of parents to make informed decisions about the education of their child.

2.        Amend the Alberta Human Rights Act to remove section 11.1, which deals with the rights of parents to withdraw their children from instruction about sexuality and sexual orientation.

3.        Amend the School Act to add a section that parallels the removed section of the Alberta Human Rights Act, but without sexual orientation as a matter on which parents can withdraw children from instruction.

4.        Add a section to the School Act outlining that when requirements for notice to parents and/or withdrawal of children are not met, that can be appealed to the Board, using existing ways to appeal the decision. The Board's decision on appeal may be challenged in the Courts through judicial review. This will apply to School Boards and Charter Schools, as of Royal Assent. It will not apply to Private Schools until March 1, 2015.

5.        Effective March 1, 2015, the School Act is amended so that the new section about notice to parents, withdrawal of students, and appeals to Board will apply to Private Schools. It will also add a section that provides a right of appeal to the school board if a student's request for support in (amongst other things) establishing an anti-discrimination organization, such as a GSA or a diversity club, is denied. And it adds new provisions, and amends existing provisions, relating to the creation of a welcoming, caring, respectful and safe learning environment and the prevention of bullying.

6.        Effective September 2015, the Bill adds provisions to the yet unproclaimed Education Act to parallel changes to the School Act. These will come into force when the Education Act is proclaimed in September 2015.

In my opinion, the Government of Alberta was right to supersede Blakeman's Bill 202.  However Bill 10 appears to be convoluted and perhaps even dangerous.  So again it was good for Premier Prentice to have the courage to hit "pause" and take a second look at it.  Ultimately we as Christians need to be concerned that freedom of religion, expression and association, granted to us in Canada's Charter are not contravened.  If any amendment to Bill 10 ends up removing the rights of parents to embrace values, organizations or activities that they in good conscience oppose, then we should be concerned. If societies values are being taught in public schools Christian parents need to retain the right to permit their children to absent themselves from such instruction or activity.   Private schools and religious schools also need to be exempt from such government authority. 

As I understand the motive behind these motions and bills, it is to protect LGBTQ people from unfair or unkind mistreatment.  As much as Christians will refuse to excuse such behavior we would also not close our eyes to the ill-treatment of people who choose and/or live in such lifestyles. First of all let's clear the table.  We all, to some degree, live in contravention of the revealed will of God as contained in the Bible. The difference between me and practicing gay person is simply one thing: Jesus.  And the only help and hope that I have (as every other person in the world) is Jesus.  I should no more condone my sin or anyone else's sin.  But that doesn't mean that I fail to treat others in any way except in kindness and care.  We are all marred and tarnished but to some degree we all bear the imago Dei.  

We keep hearing from the LGBTQ movement that this is all about rights.  If that is true then the right for Christian parents to teach and nurture their children in their faith cannot be disregarded.  If that is contravened then the issue has been misrepresented.  At that point it becomes about ascendancy, not rights.  Bill 10 was an attempt at striking a balance but in retrospect I hope that the government will see that neither Bill 202 or 10 are necessary.  Surely between the Canadian Charter and the Alberta Human Rights legislation, plus the general view of tolerance and inclusivity that already exist in public schools both Bills should be viewed as irrelevant and unnecessary.  Surely the Government of Alberta has more important things to attend to then the parameters of a school club.

I welcome your comments.