Alberta seeks intervener status in Sask. court case over controversial pronoun policy
The Government of Alberta says it will throw its sup‐ port behind the Saskatchewan governmen‐ t's dispute over its student pronoun policy.
The Saskatchewan gov‐ ernment's Parents' Bill of Rights requires parental con‐ sent for children under 16 who want to change their names or pronouns at school.
In a statement on Tues‐ day, which included Mickey Amery, Alberta's minister of justice and attorney general and Bronwyn Eyre, Saskatchewan's minister of justice and attorney general, Alberta said it was seeking in‐ tervener status in the Par‐ ents' Bill of Rights case be‐ fore the Saskatchewan Court of Appeal.
"Saskatchewan and Alber‐ ta agree that the ultimate au‐ thority figures in children's lives are their parents, and our provinces are both com‐ mitted to supporting families and kids so they can work through their child's unique needs together," said Amery and Eyre in the statement.
"Notifying parents and re‐ quiring their consent before a child's name or pronouns can be changed in schools and before classroom discus‐ sions about gender identity and other sensitive subjects occur ensures the parentchild relationship is re‐ spected and paramount."
Saskatchewan's Parents' Bill of Rights became law in October. It's protected by Section 33 of the Constitu‐ tion, also known as the notwithstanding clause - a tool which allows provinces to override some human rights.
But earlier this year, a Regina Court of King's Bench judge decided a constitution‐ al challenge from UR Pride Centre for Sexuality and Gen‐ der Diversity could proceed. Those who oppose the law say it violates several rights of gender diverse people.
The Saskatchewan gov‐ ernment says it's appealing the decision to allow the challenge - essentially trying to block it.
"This is really an issue of parliamentary sovereignty," Eyre said.
"There is a very impor‐ tant, you know, constitutional issue at play here about whether the notwithstanding clause is the final word when a legislature invokes it. And that's one I think that certain‐ ly Alberta is interested now in pursuing constitutionally at the Court of Appeal."
Eyre said she's written to other provinces for support.
In Tuesday's statement, Alberta said it intends to show that Saskatchewan's use of Section 33 of the Charter of Rights and Free‐ doms should have prevented the Court of King's Bench from reviewing the constitu‐ tionality of the Parents' Bill of Rights.
Alberta said this case has the potential to not only im‐ pact parental rights across Canada, but also the applica‐ tion of the parliamentary su‐ premacy clause, "which has been an integral piece of the Canadian Charter of Rights and Freedoms and the Con‐ stitution of Canada since 1982."
Eagle Canada, the law firm representing UR Pride, said in a statement it will re‐ spond to Alberta's motion to intervene once it's received.
"However, we remind both governments that the policy measures legislated by the government of Saskatchewan were found to cause irreparable harm to gender diverse youth by the Saskatchewan Court of King's Bench," the statement said.
"The lives and dignity of young people are at stake."
Alberta policies still to come
Alberta has promised to in‐ troduce policies this fall not only regulating student pro‐ noun changes, but also gen‐ der-affirming healthcare and trans women's involvement in sports.
For example, Alberta par‐ ents will need to give permis‐ sion before a student aged 15 and under can use a name or pronoun at school other than what they were given at birth.
Students who are 16 or 17 won't require permission, but schools will need to inform their parents.
A spokesperson for Amery's office told CBC "it would be inappropriate to speculate on how the case in Saskatchewan might affect any future policy in Alberta."
Constitutional expert Eric Adams, a law professor at the University of Alberta, sug‐ gests the involvement is a lit‐ mus test.
"I think Alberta wants to have the power to use the notwithstanding clause in a way that would be unques‐ tioned by Alberta courts" said Adams.
"This is new territory, and that's why Alberta's saying we want a front row seat."
The notwithstanding clause would still protect the law should the courts find it unconstitutional, Adams ex‐ plained, but the clause must be reviewed every five years.
"That sunset clause, which is a really nice piece of the ar‐ chitecture of Section 33, says the public should have a role here," he said.
"The public will have an opportunity to weigh in dur‐ ing the next election cycle. But some of us - and I put myself on this list - think that the public can only really properly play that role when they have the full informa‐ tion. And the full information comes from the litigation record."
Law affects students, counsellors
Meanwhile, Iris Akbar, a counsellor with OUTSaska‐ toon, a support organization for 2SLGBTQ+ people, says things only get harder for students she works with.
"I have young clients who tell me that they feel so heartbroken," she said.
She said some students aren't sure who to trust with their true identities. It's got‐ ten to the point where Akbar is adjusting how she helps some students come out.
"The approach of coming out is no longer a possibility for many youths - to put themselves out there be‐ cause they may feel that they cannot trust anyone," she said.
"So now some of the ad‐ vice that I give my youth is in‐ stead of coming out, you may want to choose people that you want to come into your life…you are in the ownership and power to choose who wants you."
Akbar said it's usually ad‐ vice she reserves for people who are struggling with cul‐ tures or countries that have strict anti-LGBTQ views or laws.
"With this pronoun policy, that is an approach that we have more conversations about."