Jan Buterman: an interview with Canadian teacher fired for transition

November 10, 10:43 PMTransgender & Transsexual Issues ExaminerMatt Kailey

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Jan Buterman
Courtesy of Jan Buterman

Jan Buterman, an Edmonton, Alberta, substitute teacher who filed a complaint with the Alberta Human Rights Commission after being fired from his position when he informed the Greater St. Albert Catholic Schools board of his intended transition from female to male, was gracious enough to answer a few questions about the current status of his complaint and what he sees for his future as a result.

How is the case coming? Is it too early to guess at an outcome?

It's definitely too early to guess at the outcome. The case was submitted to the Human Rights Commission in early October, and my former employers had 21 days to submit a response. They requested and received an extension for that response; their extension is to January 8, 2010. If the case wins and is appealed by my former employers, then the case could eventually end up at the Supreme Court of Canada — a process which takes close to 10 years, I'm told.

What are the possible outcomes?

As to possible outcomes, it's hard to say. … [B]ecause my concerns connect to a number of levels of legislation, inclusive of the federal Charter of Rights and Freedoms that is supposed to govern/apply throughout Canada, the provincial Human Rights Act that is supposed to govern/apply throughout Alberta (my province), and even the Rights and Responsibilities for teachers in Alberta, this is unlikely to be a case settled quickly and easily before either the (human rights) Commission or the Courts. …

[G]ender identity is a protected area for teacher employment throughout Alberta. … A similar [protection] exists in our code of conduct with regards to how we are expected to treat students. I am not a lawyer, but it is my understanding that this case produces multiple complexities, ones that may very well cause the case to continue to work its way through the system to the Supreme Court of Canada. Of course, perhaps not. I don't personally believe it's wise to say “never,” so perhaps a reasonable resolution to this problem will occur without requiring this degree of legal involvement. I remain open to discussion.

However, any such discussion from my point of view needs to be one that does not further perpetuate discriminatory action/behaviour against me (and by extension, against people like me).

Now that you have been thrust into the spotlight, do you feel that you are in a position to make changes in attitudes in Alberta? Have you seen any changes and are you getting any support?

I was unexpectedly thrust into the spotlight some months in advance of my human rights complaint, when our provincial health minister, Ron Liepert, decided to unilaterally cut funding for the already-capped 16 trans-identified patients per year. No accommodations or changes were made to other parts of government that still require completion of these surgeries before drivers' licenses and birth certificates can be amended. Most of the stories out on that at the time have disappeared, but [one I wrote can be found here].

At the time of the delisting, my editor was not aware that I was trans. He asked that I cover the issue as it unfolded at the time. I was unexpectedly asked to speak at a large health-care rally to protest a number of cuts, including trans surgeries.

We (as a community) experienced a second blow when our human rights legislation was amended to include something known as the “parental rights clause,” one that would allow parents to pull their children from anything dealing with human sexuality, sexual orientation, or religion. ... I was also asked to speak at an anti-Bill 44 rally. …

In my personal and professional opinion (as a sometimes journalist), we received very strong support for our situation by media across all mediums. While the occasional pronoun slip has (and sometimes still does) occur, the story remains focused on the medical and social issues faced by trans-identified people rather than the sensationalism and myths that so often surround us. I don't think any one of us ever anticipated that type of response ... a response for which I believe most (if not all) of us remain grateful.

When we made our submission to the human rights commission, those earlier events in the past year suggested to me a reasonable expectation that media would be willing to give the story attention on its merits. As to whether I believe I'm in a position to make changes in Alberta: yes. Then again, I've always believed that — not from any inflated sense of self-importance, but from personal experience. Whenever I've run into challenges in the past, I've usually found those challenges surmountable by reaching out to the various officials who work on any given issue.

My employment situation is unusual insofar as the letter confirming the conversation that informed me of the reasons for removing me from the substitute list is explicit. … The letter I received smacks of attitudes I thought we had moved past as a nation many decades ago, and to say I was “shocked” at these sentiments is a massive understatement. The conversation and letter revealed to me that I live in a Canada that is far different from the Canada I thought I lived in.

Whether or not the Human Rights Commission (and potentially other levels of court) agree with my position or the position of my former employers, I am pleased that Canadians are discussing the issues around this type of situation — I strongly believe those discussions have the possibility of instigating necessary change both locally and federally. … I am deeply grateful for the support of people — most of whom I've never met nor had any reason to meet before this issue happened — who have spoken out on this issue.

Do you think that you will ever be able to return to teaching? What are your future plans?

I remain on two school boards' substitute lists and do receive calls from time to time. Whenever possible, I accept. Like any parent, I do have times when I am not available to substitute because of family commitments such as medical or dental for my children or myself. I have continued to apply for suitable continuing contracts at every opportunity, but it is my impression that a number of teachers previously planning to retire changed their plans when the economy tanked, thus leaving the anticipated number of newly opened positions smaller than anticipated — with graduate numbers still remaining high. And certainly, there is always risk when one is the new kid on the block stirring up trouble. But again, I'm a parent: how could I possibly face my children on issues of injustice when I'm not willing to face my own issue of injustice, no matter how frightening or overwhelming that issue seems?

This particular issue … is all about my children. I want to see my children have the opportunity to work based on their skills and not on something as irrelevant as a medical issue that requires no accommodation or even for something as basic as sexual orientation (which was not relevant to my particular circumstances). I am hopeful that potential employers will see that I have been and remain a person of integrity in addition to the educational and skill sets I would bring to a possible position.

My future plans involve teaching, certainly — if not in the K-12 system, then to return again to post-secondary teaching. … I am also accepting a number of speaking engagements on various trans-related issues. So far, these engagements are all within the province of Alberta. However, several news stories on the employment issue have gone on our national news services ... so that probably means some challenges for finding teaching positions anywhere in Canada, should a school board prefer to avoid a possible “troublemaker,” in terms of an employee willing to take a stand.