Saskatchewan Premier Scott Moe has announced that his government intends to invoke the notwithstanding clause to override an injunction against the province’s policy mandating parental consent for students seeking to change their pronouns at school.
Mr. Moe made the announcement on the platform X, formerly known as Twitter, and said he would be recalling the Legislative Assembly to make the move.
“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,” he said.
“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 and using the notwithstanding clause of the Canadian constitution to pass legislation to protect parental rights.”
The province announced that as of Aug. 22, schools must seek parental permission to change names and pronouns for students under the age of 16. The policy also said parents must be informed about the sexual health curriculum and have the option to pull their children out of the classes.
That provoked a legal challenge (pdf) by UR Pride Centre for Sexuality and Gender Diversity, a peer-to-peer support group.
“These policies are dangerous and can harm children by outing them and not providing them appropriate inclusive health education,” UR Pride said about the policy on its website.
The organization sought an injunction to halt the policy’s implementation.
The decision from the Saskatchewan Court of King’s Bench was made in Regina on Sept. 28 by Justice M.T. Megaw.
In the written decision published by CBC News, Justice Megaw said he issued the injunction to block the provincial government’s policy until a court ruling could be made in the case regarding the potential harm it could cause students.
“On the whole of the evidence, I am satisfied that those individuals affected by this Policy, youth under the age of 16 who are unable to have their name, pronouns, gender diversity, or gender identity, observed in the school will suffer irreparable harm,” Justice Megaw wrote in the decision.
He added that the Saskatchewan government is not entitled to a “free pass at this stage of the inquiry.”
Justice Megaw said the protection of youth surpassed the interest of the government before a “full and complete hearing into the constitutionality“ of the policy. He stated that the case clearly prompted ”injunctive relief” pending a full hearing.
Challenge
The court document noted that the provincial government received 18 letters about the New Brunswick Sexual Orientation and Identity Policy. The letter writers also supported a similar policy for Saskatchewan.An Angus Reid poll conducted in August found that 78 percent of people across Canada believe parents should be informed if their children want to change their identity. That number was 86 percent in Saskatchewan.
Among those opposed to the province’s policy are the province’s Saskatchewan Teachers Federation and the provincial Advocate for Children and Youth.
“We agree with the government’s desire to place a high importance on the involvement of parents and guardians in education,” said advocate Lisa Broda in a news release. “However, this objective can be achieved without imposing such strict rules around consent, which could result in a violation of a young person’s rights under provincial, constitutional, and international human rights laws.”
In his social media post, Mr. Moe said his government would fight for the rights of parents.
“The default position should never be to keep a child’s information from their parents,” he wrote. “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.”
Doug Lett contributed to this report.
