Amendments to Bill 44 clarify intent of parental rights section
Government has heard the questions raised about the parental rights section of Bill 44, and are making amendments to ensure its intent is very clear.
Bill 44 is being amended to clarify that:
- Parental rights do not include withdrawing children from spontaneous discussions of religion, human sexuality or sexual orientation that may arise during every day classroom teaching.
- Existing school processes will be followed if there is a complaint. Information about this process is available through Alberta Education. A complaint wouldn't automatically go to a human rights hearing.
- The Commission may refuse to accept any complaint, if the matters are being dealt with through another forum or under another Act.
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Primary Proposed Amendments
Proposed Amendment
Include sexual orientation as a prohibited ground of discrimination Discrimination on the basis of sexual orientation has been against the law in Alberta since a 1998 Supreme Court Decision.
Detailed Description
As a result of the Supreme Court decision sexual orientation has been "read into" Alberta's Human Rights legislation since 1998.
Formally updating Alberta's legislation will reflect actual practice and law and provide clarity for Albertans.
This is not an actual addition to Alberta law as such discrimination is already illegal.
Proposed Amendment
Include a "parental rights" section that confirms parents' right to exempt their children from course or subject matter that explicitly deals with religion, human sexuality or sexual orientation. Parents have always had the fundamental right to direct the education of their children.
Detailed Description
In the School Act, parents currently have the legislated right to opt their children out of religious instruction or exercises. The ability to opt their children out of human sexuality education is currently a matter of policy in the Guide to Education.
These amendments confirm in law rights that parents or guardians already have concerning the education of their children.
School boards would be required to inform parents of instruction about religion or sexuality.
This does not provide the right to exemption from instruction on any additional curriculum areas. Alberta teachers are required to teach the approved Alberta school curriculum. All subject matter currently taught will continue to be taught.
Parents with concerns will follow the current process of mediation through the usual process first contact with their child's teacher or if need be with the school principal or the school board superintendent. Parental concerns should continue to be addressed locally, as they have in the past.
Proposed Amendment
Put in place new processes to enable appeal matters to be referred to a single member of a Tribunal. In the past there have been concerns that Human Rights processes have taken too long to resolve.
Detailed Description
This amendment will speed up the appeals process and bring more timely resolution to complaints brought before the Commission.