Saskatchewan government is eager for the Supreme Court of Canada to swiftly review its appeal regarding the province’s school pronoun legislation, emphasizing the case’s national significance. Seeking permission to appeal, Saskatchewan is responding to the Saskatchewan Court of Appeal’s decision allowing the legal challenge against the law, which mandates parental authorization for children under 16 to modify their names or pronouns at school.
Premier Scott Moe’s administration, under the Saskatchewan Party, utilized the Charter’s notwithstanding clause in the legislation, enabling the overriding of specific Charter rights for a five-year period. The province’s submission to the Supreme Court highlights the fundamental issue of whether courts can assess and declare that a law restricts Charter rights when the notwithstanding clause is activated.
Saskatchewan aims for an expedited process at the highest court to align its case with Quebec’s legal dispute, which bars public sector employees, including teachers and judges, from displaying religious symbols during work hours. Quebec also invoked the notwithstanding clause in passing this law.
The pronoun regulations were introduced by Moe’s government in 2023, asserting that parental involvement in their children’s school decisions is essential. UR Pride, a 2SLGBTQ+ group in Regina, challenged the rules in court, contending that they inflict irreversible harm on gender-diverse youth.
Despite a judge issuing an injunction in September to suspend the rules after hearing arguments, Moe’s government enshrined the regulations into law a month later during a special legislative session, leveraging the notwithstanding clause. The government also contested the judge’s initial ruling at the Court of Appeal, advocating for the case’s dismissal due to the clause.
Recently, the appeal court ruled in favor of allowing the legal challenge against the pronoun law to proceed. In this ruling, four out of five judges concurred on the court’s authority to issue a declaratory judgment, which would offer a statement on potential violations of constitutional rights without nullifying the legislation.
Legal representatives of UR Pride conveyed plans to seek permission to appeal from the Supreme Court and requested an expedited joint hearing alongside the Quebec religious-symbols law challenge.
In a related development, Alberta’s Premier Danielle Smith hinted at the potential use of the notwithstanding clause to safeguard legislation affecting transgender individuals. A leaked government memo revealed Alberta’s intentions to invoke the clause in the upcoming months concerning laws related to school pronouns, female sports, and gender-affirming healthcare.
