Alberta Applies for Intervener Status in Saskatchewan School Pronoun Lawsuit

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The province of Alberta says it is getting involved in Saskatchewan’s appeal of its new law requiring parental consent for children to change their pronouns at schools.

“Alberta has written to the Saskatchewan Court of Appeal advising of our intention to apply to intervene in Saskatchewan’s appeal of the UR Pride decision of the Saskatchewan Court of Kings Bench,” an April 9 joint statement from both provinces’ justice ministers said.

Intervenor status can be granted by the courts to allow the participation of parties that are not directly involved in the case but have an interest or are impacted by the outcome.

Saskatchewan’s policy required schools to have parental consent allowing students under 16 years of age to change their names or pronouns. The policy, announced by Premier Scott Moe, last August has since been rescinded and replaced with the Parents’ Bill of Rights.

Mr. Moe invoked the notwithstanding clause to protect the legislation from legal challenges.

The statement from Alberta Attorney General Mickey Amery and Saskatchewan Attorney General Bronwyn Eyre said Alberta will support Saskatchewan’s use of Section 33 of the Charter (the Parliamentary Supremacy Clause). The ministers said that both provinces agree that parents are the key figures in children’s lives.

“Our provinces are both committed to supporting families and children so that they can work through unique needs together. Notifying parents and requiring their consent before a child’s name or pronouns can be changed in schools, and before classroom discussions about gender identity and other sensitive subjects occur, ensures that the parent-child relationship is respected and paramount.”

Mr. Amery and Ms. Eyre said that the case could affect parental rights across the country, as well as the supremacy of Parliament and legislation.

Shortly after Saskatchewan announced the policy, a peer support group, UR Pride, filed a lawsuit, saying the policy violated the Charter freedoms of students, including the right to life, liberty, and security of the person.

On Sept. 28, Court of King’s Bench Judge M.T. Megaw granted a temporary injunction against implementing the policy.

Premier Scott Moe invoked the notwithstanding clause to protect the law from legal action.

Mr. Moe’s government introduced the Parents Bill of Rights in October 2023, amending the provincial Education Act. The bill passed within a week, despite opposition from the NDP.

UR Pride said it is challenging the legislation and policy based on Section 12 of the Charter, which prohibits “any cruel and unusual treatment or punishment.”

In February, the courts gave UR Pride the go-ahead to proceed with its lawsuit. Saskatchewan is now appealing that decision.

New Brunswick and Alberta have also both announced similar policies in their respective provinces.

Alberta Pronoun Policy

On Jan. 31, Alberta Premier Danielle Smith announced that schools needed to seek parental consent if a student 15 years of age or younger wanted to change name or pronoun.

Students who are 16 or 17 years old don’t need parental consent, but parents must be informed of their child’s decision.

Alberta is also the first in Canada to restrict puberty blockers and sex change surgeries for minors. Ms. Smith said that those aged 17 and under will not be allowed to get top or bottom gender reassignment surgeries.

Ms. Smith said puberty blockers and gender reassignment hormone therapies will not be permitted for those 15 years of age and under.

No date has been set for the Saskatchewan appeal.