Pronoun challenge halted as province seeks appeal

Case to resume if the government's applications for hearing or stay fail

Arguments meant to be made in Regina's Court of King 's Bench this week on a constitutional challenge against the Saskatchewan government's pronoun consent law have been put on ice.

Recently filed court documents indicate the case has been adjourned because the government is planning to file an application for a stay of proceedings, as well as an application for leave to appeal a Feb. 16 decision from Court of King's Bench Justice Michael Megaw.

That decision dismissed the arguments made by the government, which sought to block the addition of a new leg of argument based on a section of the Charter of Rights and Freedoms that protects Canadians against cruel and unusual treatment or punishment (Section 12), and ultimately sought to have the case thrown out in its entirety.

The legal action, which began in August, originally took aim at what was a government policy requiring parental consent before students under 16 could use a preferred name or pronoun in school. An injunction was granted by the court in late September, halting implementation or enforcement of that policy. The government policy was effectively replaced by a law called the Parents' Bill of Rights in October. The government invoked the notwithstanding clause, allowing the law to legally stand regardless of whether or not it breaches sections of the charter originally listed in the legal challenge, those being sections 2, 7 and 15.

But UR Pride forged ahead, asking the court to allow amendments to its legal action, which would enable it to take aim at the law that replaced the policy, and tack on the Section 12 argument, which focuses on a section of the charter not covered by the notwithstanding clause in the Parents' Bill of Rights.

Megaw's Feb. 16 decision allowed those amendments.

A draft copy of a court order viewed by the Leader-post on Monday morning, the issuance of which was expected pending the receipt of proper paperwork, indicates the court expects parties to work together to get hearing dates from the Court of Appeal regarding the government's expected stay and leave to appeal applications “as soon as reasonably possible.”

“If the Government's stay or leave application is dismissed, the King 's Bench proceeding shall immediately resume,” it goes on.

A statement sent to the Leader-post by LGBTQ+ lobby group Egale Canada, attributed to UR Pride co-counsel Bennett Jensen, called the government's actions unfortunate.

“Our priority in this case will always be protecting trans and gender-diverse youth and seeking to end the harm being inflicted upon them as quickly as possible,” the statement said.

“UR Pride will oppose the Government's leave and stay applications.”

In response to a request for government comment, a Saskatchewan Ministry of Justice spokesperson emailed a statement.

“Saskatchewan respects the role that the Court of King's Bench plays in Canadian law. At the same time, we respectfully disagree with this decision and believe that the primary responsibility for determining issues of competing rights claims and policy issues lies with the provincial government,” it stated.

“Government believes there is significant merit to moving this case to the Saskatchewan Court of Appeal for a decision on leave to appeal and a stay of the Court of King's Bench proceedings.”

As of Monday morning, the government's stay and leave applications had not yet been filed with the Saskatchewan Court of Appeal.