Turnover taints Saskatchewan Human Rights Commission
New members must have freedom to offer government criticism, Nobuko Iwai says.
On Jan. 26, Saskatchewan Justice Minister and Attorney General Bronwyn Eyre introduced the seven new members of the Saskatchewan Human Rights Commission, completely replacing the roster of previous commissioners.
For the sake of transparency, what were the process and criteria by which the commissioners were chosen? Why is it that all the members of the commission have been replaced at one time? Why were some former members not invited to continue for the sake of continuity?
And how do we, the public, have faith in the independent nature of the commission from the current provincial government, when concern has been raised that some of the new commissioners are Saskatchewan Party contributors?
We know that those who are appointed by the government of Saskatchewan as commissioners “are expected to display a dedication to the principles of human dignity and equality, and to be passionate advocates for human rights in Saskatchewan.”
Commissioners should reflect the breadth of the political spectrum, and the diversity of the population of Saskatchewan, and not simply of one political party.
Former commissioner Heather Kuttai made a strong recommendation, upon her resignation from the commission on Oct. 19, 2023, that a new commissioner should have lived experience from being a member of the 2SLGBTQ+ community, or belong to one of the many disability communities in Saskatchewan.
Both of these recommendations appear to have been ignored.
Given that the mission of the commission is to promote and protect the individual dignity, fundamental freedoms and equal rights of Saskatchewan citizens (The Saskatchewan Human Rights Code, 2018), the assumption is that all the fundamental freedoms will be championed by the commission.
Notably, when it was created in 1972, the commission's role was designed to forward the principle that every person is free and equal in dignity and rights. The commission has always operated independently from the government of Saskatchewan. Human rights should never be up for debate.
In a Feb. 26 media release, the commission reminded the public that the commission does not take instruction from the ministry. Moreover, the Saskatchewan Human Rights Code, 2018, applies to the provincial government, government agencies, crown corporations and agencies funded by the government.
The previous commission was critical of Bill 137, more popularly known as the parental rights bill requiring pronoun and name changes at schools be approved by parents, stating that the use of the notwithstanding clause was “disappointing.”
The education policy, which has now become law, has been criticized widely as potentially harmful to children and ill-conceived. Even though a Court of King's Bench judge ordered a temporary pause on the policy until the potential Charter violations could be ruled on by a court, the notwithstanding clause was used.
On March 6, the Saskatchewan government announced that it is appealing a February ruling that allowed an amended court action against the province's pronoun consent law to proceed.
The questions which beg to be raised include these: Could this aforementioned criticism be the basis for the complete changeover of the commission's members?
Moreover, would the new commissioners have the unbiased opportunity to offer the same criticism today, or does the changeover in commission members mean that they will be less likely to protect the rights of the most vulnerable in our society, and be more likely to acquiesce to the will of the provincial government?
There are many questions that seem to have been swept under the carpet, into the closet or simply tossed aside for political expediency. Unanswered questions hamper the work of the commission to be seen as championing human rights.
Transparency is vital for trust to grow.