Saskatchewan’s Court of Appeal has given the green light for the legal challenge against the province’s pronoun law to proceed. This law mandates parental consent for minors under 16 who wish to adopt a different name or pronoun at school. The Court of Appeal’s ruling on Monday allows the UR Pride Centre for Sexuality and Gender Diversity, based at the University of Regina, to argue that the amendments to Saskatchewan’s Education Act violate sections 7 and 15(1) of the Charter of Rights and Freedoms.
Despite the province’s use of the notwithstanding clause for challenges related to specific sections of the Charter, the Court of Appeal decision enables UR Pride to seek a declaration that the policy also infringes on section 12 of the Canadian Charter of Rights and Freedoms concerning cruel and unusual treatment or punishment. The judgment clarified that while the Education Act’s operation on limiting Charter rights was not determined by the court, part of the challenge to the policy must be dismissed as it has become law without any reported harm.
In response to the Court of Appeal’s decision, the Government of Saskatchewan reiterated its stance on protecting parents’ rights in education and declined further comment as the matter is still under judicial review. Egale Canada, representing UR Pride, expressed readiness to proceed with the legal battle and anticipates a potential appeal by the Saskatchewan government to the Supreme Court of Canada. The Court of Appeal’s written reasons were provided by Justice Robert Leurer, with agreement from Justices Georgina Jackson, Lian Schwann, and Jerome Tholl, while Justice Neal Caldwell dissented.
The origins of the legal dispute trace back to August 2023 when the Saskatchewan government introduced the pronoun consent policy. Following UR Pride’s legal challenge against the policy in September of the same year, the province enacted The Parents’ Bill of Rights in October 2023, enshrining the policy into law and utilizing the notwithstanding clause. The subsequent legal back-and-forth culminated in the Court of Appeal’s recent decision to allow the challenge to proceed further.
Various organizations involved in the case praised the Court of Appeal’s ruling, emphasizing the importance of upholding civil liberties and the rule of law. The British Columbia Civil Liberties Association expressed concerns over the increasing use of the notwithstanding clause, while the Saskatchewan Federation of Labour called for an end to the legal battle and the repeal of The Parents’ Bill of Rights. The Saskatchewan Teachers’ Federation highlighted the challenges posed by the law, emphasizing the significance of continuing the appeal process.