Court will hear appeal arguments about the pronoun law issue in Saskatchewan
Last year, Saskatchewan’s Human Rights Commission urged the province to reconsider passing the law after one commissioner resigned in protest.
Saskatchewan’s Appeal Court will hear arguments over the next two days regarding a provincial law that mandates parental consent for children under 16 wishing to change their names or pronouns at school.
Earlier this year, a judge ruled that a challenge to this law could proceed, despite the government invoking the notwithstanding clause to override certain Charter rights.
The province is asking the Court of Appeal to quash that ruling, contending that the use of the notwithstanding clause should resolve the legal dispute.
Lawyers for UR Pride, an LGBTQ+ advocacy group that initiated the challenge, argue that the law inflicts irreparable harm on gender-diverse youth and that the case should be allowed to move forward. They assert that the law forces youth to come out or face being misgendered and misnamed at school.
The governments of Alberta and New Brunswick have intervened in support of Saskatchewan, asserting that parents should have ultimate authority over their children's lives.
New Brunswick has also implemented a pronoun rule requiring parental consent for pronoun or name changes for students under 16, while Alberta plans to introduce similar legislation this fall.
UR Pride contends that the court could declare a violation of the Charter, even if such a declaration does not nullify the law.
The Court of King’s Bench judge allowed UR Pride to amend its case to argue that the law breaches the Charter’s guarantee against cruel and unusual treatment.
In response, the province has argued that the judge should not have permitted this amendment, emphasizing its reliance on the notwithstanding clause concerning freedom of expression, liberty, and equal protection.
Last year, Saskatchewan’s Human Rights Commission urged the province to reconsider passing the law after one commissioner resigned in protest.
Additionally, Saskatchewan’s child advocate has stated that the policy infringes upon rights to gender identity and expression.
