Unions Apply for Intervenor Status in Sask. Pronoun Policy Lawsuit

The Saskatchewan Legislative Building in Regina in a file photo. (The Canadian Press/Mark Taylor)

Three unions have applied for intervenor status in the lawsuit challenging Saskatchewan’s Parents Bill of Rights, which requires schools to seek parental consent if a student under 16 years of age wants to change name or gender.

The Canadian Union of Public Employees (CUPE), the Saskatchewan Federation of Labour (SFL), and the Canadian Teachers’ Federation (CTF) announced on July 15 that they have jointly applied to intervene in the court of appeals case.

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

The lawsuit was started by LGBT peer support group UR Pride, which challenged the Parents Bill of Rights passed in October 2023. Premier Scott Moe invoked the notwithstanding clause to get the bill passed.

In a joint news release, the unions said they are concerned about the government’s use of the notwithstanding clause, adding it sets a precedent that could override workers’ Charter rights in the future.

The unions also said they believe the bill inflicts harm on youth and compels teachers and education workers to inflict harm.

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

Premier Scott Moe has said that the changes in the legislation protect parental rights in the province.

He has said that children’s information should not be kept from parents, who should be included in their children’s education and “all important decisions” involving them.

The government has also argued that the case is no longer relevant because the policy has been replaced by legislation protected by the notwithstanding clause.

The Saskatchewan government introduced a policy in August 2023 requiring schools to seek parental consent for students wanting to change their name or gender.

UR Pride filed a lawsuit against the policy shortly after it was introduced. Justice M.T. Megaw granted the group an injunction on Sept. 28, 2023.

In October, Premier Moe’s government introduced the Parents Bill of Rights, which was passed after the government invoked the notwithstanding clause. The bill included the pronoun policy for schools, as well as requiring schools to inform parents when sexual education content will be presented in their students’ classes. Parents have the right to pull their children from those classes.

In February, the Court of King’s Bench ruled that UR Pride’s lawsuit could move forward. Saskatchewan is now appealing that decision.

The case is scheduled to be heard on Sept. 23.

Alberta Seeks Intervenor Status

Alberta has also applied to the courts for intervenor status in the case.

In April, a joint statement from Alberta Attorney General Mickey Amery and Saskatchewan Attorney General Bronwyn Eyre said Alberta supports  Saskatchewan’s use of Section 33 of the Charter (the Parliamentary Supremacy Clause).

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.

Alberta introduced a similar policy to Saskatchewan’s earlier this year, requiring schools to get parental consent if a student 15 years of age or younger wants to change their name or pronouns.

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

Alberta also said it would be restricting puberty blockers and sex change surgeries for minors. Those aged 17 and under will not be allowed to have top or bottom gender reassignment surgeries. Those 15 years of age and under will not be permitted to access puberty blockers or gender reassignment hormone therapies.