Parental Rights Legislation on Legislature’s Agenda as Sask. Government Plans Use of Notwithstanding Clause

Premier Scott Moe speaks at the University of Saskatchewan campus in Saskatoon, on June 28, 2022. The Canadian Press/Liam Richards

The Saskatchewan legislature is back in session as of Oct. 10, and the governing Saskatchewan Party intends to use the notwithstanding clause to push through legislation to require parental consent for children under the age of 16 to change their names or pronouns at school.

Premier Scott Moe first mentioned the use of the notwithstanding clause as “one of the tools” under consideration, which would allow governments to overrule certain aspects of the Charter for up to five years without judicial challenge, on Sept. 13, following a court injunction that stopped progression of the government’s policy on pronouns.

“Our government is extremely dismayed by the judicial overreach of the court blocking implementation of the Parental Inclusion and Consent Policy—a policy which has the strong support of a majority of Saskatchewan residents, in particular, Saskatchewan parents,” the premier said on Sept. 28.

Mr. Moe said the government’s Parental Inclusion and Consent policy had the “strong support of a majority of Saskatchewan residents.”

“The default position should never be to keep a child’s information from their parents,” said the premier. “That is why our government will take action to ensure the rights of Saskatchewan parents are protected and that this policy is implemented by recalling the Legislative Assembly.”

The premier has committed to using the notwithstanding clause “to pass legislation to protect parental rights” when the Legislature is back in session on Oct. 10.

New Democrat MLA Nathaniel Teed said on Oct. 3 that his party intended to “filibuster the attack on charter rights” proposed by Mr. Moe’s government by reading personal impact statements and letters in the legislature.

“The Premier’s intent to invoke the notwithstanding clause to nullify children’s rights is the lowest of the low, all an attempt to distract from his govt’s abysmal record. He wants to get back to work early to do it? Happy to get back in the ring and hold him to account,” Mr. Teed said on Sept. 29.

NDP Leader Carla Beck said her party was “prepared to debate” the record of Mr. Moe’s party, stating it has “failed the children of this province for over a decade.”

Parental Permission

In an announcement on Aug. 22, the provincial government said schools must seek parental permission to change names and pronouns for students under 16. The announcement also said parents must be informed about the sexual health curriculum, with the option to decline their child’s participation. In addition, the government said school divisions must pause any third-party sex education while a review is underway.

The announcement led to a legal challenge brought against the policy by UR Pride Centre for Sexuality and Gender Diversity, along with Egale Canada, an LGBT advocacy organization. Court of King’s Bench Justice Michael Megaw on Sept. 28 granted an injunction pausing the government’s policy requiring parental consent if children under 16 want to go by a different name or gender pronoun at school, prompting Saskatchewan’s decision to use the notwithstanding clause.

“It is in the best interest of children to ensure parents are included in their children’s education, in their classrooms and in all important decisions involving their children,” Mr. Moe said.

The premier’s intention to use the clause coincides with efforts in New Brunswick to adopt legislation on pronouns and gender identity in schools, as well as growing pushback against the teaching of sexual orientation and gender identity in schools across Canada.

There appears to be significant public support for the government’s position. An Angus Reid poll released Aug. 28 showed 78 percent of people across Canada believe parents should be informed if their child wants to identify differently. In Saskatchewan, that number is 86 percent.

Mr. Moe said he had been approached by people in the grocery store and that it was “a discussion very much that is happening in my community.” He said the policy represents the feelings of his constituents.

“And so there are people that are approaching not only myself as a local MLA, but approaching other MLAs as well and have been for a period of time. Most, if not all of them, are parents, have been parents or grandparents.”