Monday, 8 December 2014

The right to a safe, publicly-funded education in Alberta is 'never absolute:' Premier Jim Prentice

The first major test of new premier Jim Prentice's leadership came early. He failed it.

Prentice said last week there is “clearly no consensus in Alberta on the constitutionality or the wisdom” of Bill 10, the government bill which would have (sort of) allowed the creation of student-led gay-straight alliance clubs in publicly funded schools.

Therefor, he has instructed the speaker of the legislature to delay third reading of the bill until after the New Year, which is really a tactic to kill the bill entirely.

Well enough that bad legislation should be delayed, forgotten and replaced with something better. As the premier said at a press conference, balancing competing rights in legislation is something that “should not be done in haste.”

That begs a couple of questions: if haste is wrong in the creation of legislation that attempts to balance the competing rights of Albertans, why was the bill drawn up so quickly, and why was closure invoked to see that it passed two readings in the same day?

Doing that wouldn't have had anything to do with the embarrassment of using whipped votes to down Liberal MLA Laurie Blakeman's private member's bill, Bill 202? Well, would it?

Bill 202 would have obliged publicly-funded high schools to allow the creation of student-led gay-straight alliance groups on their campuses, as a means to stem harassment and bullying of non-straight students.

Having these alliances seems to accomplish just that, in the experience of schools in other jurisdictions.

Here's a sampling of how badly Bill 10 was drafted: it would have allowed individual school boards to deny the formation of these student clubs, on religious grounds. Students in this position would then have needed to take their school board to court to get the local ruling quashed.

Do you wonder how bullying and harassment of students is reduced by forcing teenagers to sue their school boards for the right to form an association in which they could feel more safe and accepted?

A lot of people wondered exactly that. So somewhere before closure was enforced on second reading, an amendment was made, releasing school boards from the threat of lawsuits and allowing students to appeal directly to the education minister for a decision to allow an end-run around legislation he just helped to create.

Apparently, government members can read a tweet while they pursue the onerous burden of governing a province. Except they didn't read the full 120 characters of the social media debate that exploded in their faces.

It happens that among the many accomplishments that qualify our education minister (and they are indeed genuine) is that the minister, Gordon Dirks, is also an evangelical pastor whose theology says homosexuality is a sin.

If you were part of a committee comprised of a handful of teenagers, just how would you word your appeal for him to overturn a lawfully-made school board decision?

When you think about it, you would need to suggest that the minister look past his personal religious convictions, to his wider responsibilities to a diverse society governed by the Canadian Constitution and the Bill of Rights.

When you think about that, you would need to realize that school boards, even school boards that are religiously-based, should be able to do the same.

Now, as it became quite evident that the Alberta public is able to think more clearly than the provincial cabinet, the premier pushed Bill 10 to the trash can.

When football players in Calgary can hold off celebrating their Grey Cup victories to ridicule a proposed law that thwarts its own premise — the right to a safe, publicly-funded education in Alberta — it's time to toss this one out of bounds.

“Rights are never absolute,” said premier Jim Prentice at a press conference.

Hmmm... was he thinking about the rights of religious-based school boards that accept a great deal of tax money from a diverse, secular society, or the rights of individuals, whose claim to personal safety may be at cross-purposes to the decisions of those boards?

It takes a lot of one's time, figuring out a way to keep the government budget from sliding down a blocked pipeline, while not resorting to predictable and stable revenue sources available to every other government on earth.

But somebody needs to be paying attention to the kids. Having a place of acceptance and comradeship helps keep teenagers more focussed on positive things in their lives. Otherwise, we find they sometimes think about killing themselves.

That trumps party politics, or even religious dogma.

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