Pronoun law can be challenged, judge rules
• 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.