Education minister forces Hanover School board to rescind mature minor motion

The province has directed Hanover School Division board to drop its proposed motion to create a policy delegitimizing the mature minor designation in its schools.

“The primary function of my job is to make sure that every student here in Manitoba receives the best education that they can and also that they have access to appropriate health supports. We met with the board in June to understand their reasoning behind the motion, and the health minister and I felt it appropriate after meeting to provide this clarity to the board,” said Education and Childhood Learning Minister Tracy Schmidt.

“I would anticipate that the board will comply with the directive,” she said.

In a message to Jerica Capistrano, following her presentation to the board on June 23 against the motion, Assistant Deputy Minister Mona Pandey stated Schmidt had directed the board to repeal its motion in a letter.

“This directive was issued as no motion can supersede provincial or federal law and the Mature Minor designation is enshrined in the Health Care Directives Act (brought into force in 1993) and the Public Health Act,” stated the letter to Capistrano from Pandey.

Pandey’s letter further specified failing to provide health care services to a mature minor could be a violation of sections 7 and 15 of the Canadian Charter of Rights and Freedoms.

Capistrano submitted a 1,000 signature petition to the board when making her case against the proposed mature minor policy. She also sent a letter to the minister voicing her concerns.

“I think that many children wouldn’t be here today without the (health-care) supports that are provided within the SRSS,” said Capistrano following her presentation to the board on June 23.

Capistrano declined to do an interview regarding Schmidt’s letter.

The board approved creating a policy delegitimizing the mature minor designation within Hanover schools on June 2. The policy was introduced by trustee Cheryl Froese who said a mature minor was akin to “a cheeseless cheeseburger,” calling the designation “absurd”as students are not mature enough to make decisions regarding their mental and physical health. She felt parents should be notified and give consent prior to their child receiving health care in school.

The proposed policy largely affected high school students and particularly students at Steinbach Regional Secondary School who use the school’s health clinic set up by Southern Health. That clinic offers care in a confidential manner that would exclude parents should the minor want confidential care and if it is deemed the minor is not in danger.

Minister of Health Uzoma Asagwara praised the work of the clinic’s health-care providers in a July 24 letter, stating that the clinic provides care at “critical moments” in a student’s life with respect and profesionalism. The minister also reaffirmed confidential services for mature minors will continue as it has in the past and that health-care professionals in Manitoba must follow provincial legislation and the Charter despite the board’s motion.

“I know the professionals working within this clinic understand the responsibility that comes with protecting both the rights of patients and the standards that guide your profession,” wrote Asagwara to the clinic. “Please know that our government fully supports the work you do and the care you continue to provide to young people in your community.”

Board chair Dallas Wiebe seemed unaware of Schmidt’s letter to the board and said he needs to review his emails and would not be able to meet The Carillon’s deadline for an interview.

On June 23, following Capistrano’s presentation, Wiebe did say the board had been having discussions about the policy for about eight months after receiving concerns from parents. At the time, he said the board would move forward with approving the policy despite opposition.

After the board approved the motion on June 2, Schmidt called the trustees to her office and said she spoke to them about a number of issues, with the mature minor policy being at the top of the agenda. She said she didn’t hear anything of significant concern from trustees regarding students being in harm’s way.

“I think that the provision of health care services in the school division is something that these students are lucky to have access to,” said Schmidt. “I was elected – we were all elected – to improve access to health care right across this province. That includes in schools and that includes in Steinbach.”