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Quebec gendered bathrooms in schools: Activists share concerns

Quebec's new rules banning all gender-neutral bathrooms in public schools will have a “chilling effect” on the province's transgender and non-binary students, a trans activist says.

The government directive The province requires all new bathrooms and locker rooms in schools to be either boys or girls. However, school service centers must ensure that any student who wishes to use a personal universal bathroom has access to one.

The directives came into force on Wednesday despite the province not receiving any recommendations from an expert panel set up for the purpose.

“This could be the beginning of something much more serious,” said activist Celeste Trianon, who also co-founded the legal clinic Juritrans.

Trianon believes that this decision “does not solve the existing problems” and does not ensure the safety of students.

“This decision is being made only out of prejudice, not from the search for real solutions.”

Schools with gender-neutral bathrooms can keep them.

“Gender-neutral bathrooms, for example, are designed to be safe spaces where school leaders can easily access them,” Trianon explained. “And there is total closure. You don't have stalls with little holes in the bottom and top.”

Quebec Education Minister Bernard Drainville issued the directive after news that a high school in Rouen-Noranda, in the province's northwest, had begun work on providing its students with gender-neutral bathrooms for the 2024-25 school year.

Last week, Drainville determined it could proceed with the bathroom rule because it thought a panel of experts would not recommend against it.

“It means the minister is so biased that he doesn't want any conclusions to be drawn before taking proactive action, which will further harm trans and non-binary students, while providing no beneficial benefits to other students,” Trianon said. .

According to a 2018 study by the Public Service Alliance of Canada, up to 70 per cent of members of the trans community have experienced some type of negative reaction when entering a public bathroom.

Trianon believes officials need to address bullying rather than bathrooms.

“What we're seeing here is that students are having to ask school administrators if they can have staff bathroom access because these schools don't have gender-neutral bathrooms.”

Drenville's ban applies to schools under construction that have less than 30 percent design progress. Plans and specifications will have to be changed if necessary.

Schools in more advanced stages of construction can keep their toilets gender neutral.

Trianon expects some legal challenge in the future.

“We're seeing anti-trans policy debates across the rest of Canada. So… I wouldn't be surprised if that directive was challenged under the Quebec Charter or the Canadian Charter.”

– With Canadian Press files

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