The Saskatchewan Court of Appeal is expected to rule today on the province’s appeal of a decision to allow a challenge of its school pronoun law.
A judge ruled last year that the court challenge could continue, despite the government’s use of the notwithstanding clause.
The law, which came into force in 2023, requires parental consent if children under 16 want to change their names or pronouns at school.
Lawyers for the LGBTQ+ group UR Pride brought forward the challenge, arguing the law causes irreparable harm to gender diverse youth and its case should move ahead.
The government has argued its use of the notwithstanding clause to bring the law into force should end the court challenge.
Nearly a dozen groups intervened in the appeal, including the government of Alberta, which argued in favour of Saskatchewan.
Alberta passed a law last year requiring students 15 and younger have parental consent to change their names or pronouns. Students 16 and 17 don’t need consent but their parents have to be notified.
New Brunswick also had a pronoun policy but Premier Susan Holt revised it after she was elected in 2024.
UR Pride amended its challenge and argues Saskatchewan’s law violates Section 12 of the Charter, which is the right to be free from cruel and unusual treatment. The province cited other sections when it invoked the notwithstanding clause.
Former Justice Minister Bronwyn Eyre said last year the Saskatchewan Party government wouldn’t hesitate to use the notwithstanding clause again.
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