National Post

Pronoun law can be challenged, judge rules

- Jeremy Simes

• A judge has ruled a court challenge can proceed over the Saskatchew­an government’s law requiring parental consent for children under 16 who want to change their names or pronouns at school.

Justice Michael Megaw says the applicant, UR Pride, an LGBTQ group in Regina, should still be allowed to make its case surroundin­g the Charter of Rights and Freedoms even if the Charter’s notwithsta­nding clause has been invoked.

“UR Pride has recognized the claim here is in somewhat uncharted territory,” Megaw wrote.

“However, that UR Pride has a steep hill to climb in this regard does not mean it should not be given the opportunit­y to engage in the climb in an effort to illustrate that the incline can be conquered.”

Megaw’s decision allows UR Pride and the government to provide all their evidence and arguments before court. The judge can then decide his next steps.

Lawyers for UR Pride urged Megaw last month to allow the challenge, arguing the law passed by Premier Scott Moe’s government limits the rights of gender-diverse youth who are entitled to a safe educationa­l environmen­t.

Lawyers for the government urged the judge to dismiss the challenge on the grounds the law doesn’t breach the Charter and is in the best interest of gender-diverse children.

The province has said the Charter wasn’t breached because the government used the notwithsta­nding clause to enact the law. The notwithsta­nding clause is a rarely used measure that lets government­s override certain Charter rights for five years.

Saskatchew­an is not the only province remaking policy in this area.

Last year, New Brunswick enacted policies for young people questionin­g their gender, bringing in rules that require students 16 and younger to have parental permission to change their names or pronouns at school.

Alberta has promised to enact changes this fall.

Alberta Premier Danielle Smith has said parental consent would be required for students 15 and under who want to change their names or pronouns at school. Students who are 16 and 17 would not need consent, but their parents would have to be notified.

Alberta also plans to ban gender reassignme­nt surgery for those 17 and under.

 ?? HEYWOOD YU / THE CANADIAN PRESS FILES ?? Protesters in Regina demonstrat­e against the Saskatchew­an government’s pronoun policy last fall.
HEYWOOD YU / THE CANADIAN PRESS FILES Protesters in Regina demonstrat­e against the Saskatchew­an government’s pronoun policy last fall.

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