Saskatchewan’s privacy watchdog has ruled Regina Public Schools (RPS) improperly withheld records related to gender identity and LGBTQ education while responding to a parent’s request, ordering the division to disclose dozens of documents within 30 days.
In a 73-page report, Saskatchewan’s Privacy Commissioner Ronald Kruzeniski found RPS failed to prove it was legally justified in redacting or blocking access to communications about topics like pronoun use, parental consent, and LGBTQ-focused events such as Rainbow Week of Action.
The report comes from a June 2024 request by a parent seeking all records mentioning themselves, their four children, and keywords including “LGBTQ,” “gender,” “parental rights,” and “pronouns” across emails, social media, and educational apps.
The parent also sought details about staff accessing their children’s files.
RPS initially demanded a $29,247 fee and later released 22,034 pages but withheld 9,141 pages, claiming exemptions for solicitor-client privilege, third-party privacy, and non-responsiveness.
The Commissioner’s investigation found multiple exemptions were wrongly applied to records discussing gender-related policies.
“Regina Public Schools did not meet the burden of proof,” wrote Kruzeniski about withholding records.
Kruzeniski pointed out that RPS failed to show how disclosing general policy discussions would harm negotiations or legal interests.
The report found RPS wrongly used solicitor-client privilege to block access to emails discussing LGBTQ-inclusive education guidelines, including advice from the Saskatchewan School Boards Association.
The commissioner ordered the division to release email headers and subject lines in these cases.
RPS triggered a “deemed refusal” under privacy laws by issuing a $14,623 fee estimate past legal deadlines, effectively denying access until the commissioner intervened.
Staff claimed social media messages about LGBTQ topics were “personal,” but the commissioner noted division policies require business-related posts, even on personal accounts, to be archived as public records.
School counsellor notes referencing the parent’s children were partially withheld, which the commissioner called “absurd results” since the parent was part of those conversations and had a right to the information.
The report highlights a 257-page student enrollment report where RPS redacted columns showing preferred pronouns and gender markers, claiming student privacy.
While the Commissioner upheld most personal data protections, he ordered the division to release aggregate statistics and program details that do not identify individuals.
The full report cites 540 records, including withheld messages about Harbour Landing School’s “lunch club” LGBTQ support group and internal debates over Saskatchewan’s parental consent policies related to Saskatchewan’s Parents Bill of Rights.
Kruzeniski criticized RPS for over-redacting “business card” contact info and policy drafts.
He confirmed the school’s search efforts were reasonable but urged narrower requests to avoid “excessive” costs.
RPS has 30 days to comply with 73 recommendations, including disclosing emails between staff about gender-related parental complaints and releasing templates for LGBTQ awareness events.
The parent, whose identity is protected under privacy laws, told the Commissioner they received “less than 10% of useful records,” many heavily censored.
RPS has not commented on the report.