Sask. pronoun consent law appeal hearing to begin Monday

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More than a year since a legal challenge was first launched against the province’s pronoun consent policy (which has since become law), an appeal relating to that challenge is scheduled to be heard in court Monday.

Judges of Saskatchewan’s highest court are to begin hearing submissions with regard to whether Court of King’s Bench Justice Michael Megaw made errors in his Feb. 16 decision, which allowed the challenge to proceed with amendments to the original wording.

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The UR Pride Centre for Sexuality and Gender Diversity brought the case against the government back in August 2023.

It sought to have what was then a government policy declared unconstitutional and stop it from being implemented. The policy was later effectively mirrored by provisions of a law called the Parents’ Bill of Rights, passed in October 2023.

The court case now takes aim at the Saskatchewan law, which requires students under the age of 16 to obtain parental or guardian consent for school staff to “use the pupil’s new gender-related preferred name or gender identity.”

The Parents’ Bill of Rights, also known as Bill 137, is protected through the use of what’s known as the notwithstanding clause, which allows it to stand regardless of whether or not it violates certain sections of Canada’s Charter of Rights and Freedoms, including those UR Pride originally argued would be violated.

Both parties have already submitted written arguments that outline the positions they are likely to relay to the Saskatchewan Court of Appeal beginning Monday.

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The government argues Megaw is wrong in thinking the court can still render a decision about whether the law violates sections of the Charter of Rights and Freedoms that guarantee life, liberty and personal security, as well as equality. Bill 137 invokes the notwithstanding clause to shield itself from being struck down for violations of those sections.

The UR Pride case should have been considered moot and thrown out by the judge, according to the government.

Further, the government argues the judge should not have allowed an additional avenue of constitutional argument to be tacked onto the case, concerning a section of the Charter protecting Canadians from cruel and unusual punishment.

The Parents’ Bill of Rights law is not shielded from being found unconstitutional for violations of that section through its invocation of the notwithstanding clause.

UR Pride argues that the judge was not wrong on any of the aforementioned points, and the written submissions of the non-profit delve into case law and legal reasoning to support its position.

Opponents of the law have ranged from the general public and teachers to sexual health experts and human rights advocates. They say it unfairly targets and isolates transgender and gender-diverse youth, putting them at risk of potential physical or emotional harm by misgendering or outing them against their will.

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The hearing is scheduled to be held at the Regina courthouse, which houses both the Court of King’s Bench and the Court of Appeal, located at 2425 Victoria Ave.

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