Female students raised concerns about school washroom policy
Lampman School is located in the community of Lampman, Saskatchewan, approximately 40 kilometres east of Estevan.
Concerns arose after a 17-year-old biological male transgender student was permitted to use the girls’ multi-stall washroom at the school. Several female students said the arrangement left them feeling unsafe, uncomfortable, and reluctant to use the washroom facilities.
Several students submitted written impact statements describing how the policy affected them. One 13-year-old girl said, “I feel scared that [name omitted] is in there and could try looking over the stalls. This has now caused me trauma and [I] have lost trust in my school.” Another student, aged 16, wrote, “All students deserve to feel secure when using bathrooms and other shared spaces, without fear of being watched or threatened.”
Mother argued the Board failed to protect girls’ privacy
Lampman mother Tawney Johnson asked the South East Cornerstone Public School Division to implement policies protecting the privacy, dignity, and safety of female students in school washrooms.
After receiving responses indicating that the school division believed nothing could be done, Ms. Johnson asked lawyers funded by the Justice Centre to intervene on her behalf.
In addition to seeking action from the Board, Ms. Johnson wrote to the Premier of Saskatchewan and other political leaders explaining why she believed immediate action was needed to protect female students’ privacy and safety.
“I am aware that most parents that have voiced their disapproval of the current situation involving the privacy and safety of their female children have all received a blanket response from the school division that there is nothing that can be done,” Ms. Johnson explained.
Legal letter argued girls’ Charter rights were being infringed
The legal letter argued that subsection 12(2) of Saskatchewan’s Human Rights Code permits schools to maintain sex-segregated washrooms on grounds of public decency and that school officials have the legal authority to restrict female washrooms to biological girls.
The letter further argued that failing to do so infringes female students’ rights to security of the person, privacy, and equality under sections 7, 8, and 15 of the Charter.
Constitutional lawyer Allison Pejovic said, “Schools are expected to provide safe environments for their students. Girls should not have to endure a full school day fearful that a biological male student will be in the washroom with them. It is an invasion of girls’ privacy and is causing immense mental harm.”
Ms. Pejovic continued, “Female students’ rights to safe spaces such as girls’ washrooms do not disappear simply because a biological male transgender student wants to use them too.”
The legal letter asked the Board to implement policies, consistent with Saskatchewan’s Human Rights Code, reserving female washrooms for biological girls and protecting female students’ privacy, dignity, safety, and equality rights.
