Federal Justice Minister Arif Virani has criticized the Saskatchewan government’s decision to use the notwithstanding clause to override a court injunction that paused its pronoun policy. The policy, scheduled to take effect on October 10, requires schools to obtain parental consent for children under 16 who want to change their pronouns and allows parents to opt their children out of sexual health classes.
In a statement posted on social media, Virani expressed concern that the policy would harm vulnerable individuals and criticized the government for not waiting for a court review of its constitutionality. He did not indicate whether the federal government would intervene but emphasized that violating individual rights should not be taken lightly.
The court injunction, issued by Justice M.T. Megaw, stated that the policy should be paused until the issue could be determined in court. Megaw believed that young people under 16 who are unable to have their name, pronouns, gender diversity, or gender identity observed in school would suffer irreparable harm. He also emphasized that the government should not receive a free pass without a full and complete hearing into the constitutionality of the policy.
The Saskatchewan Teachers’ Federation and the provincial Advocate for Children and Youth, Lisa Broda, have expressed concerns about the impact of the policy on students. Broda stated that while involving parents and guardians in education is important, strict rules around consent could violate young people’s rights under provincial, constitutional, and international human rights laws.
An Angus Reid poll conducted in August found that 78 percent of Canadians believe parents should be informed if their children want to change their identity, with 86 percent in Saskatchewan.
Following the court decision, Premier Scott Moe announced that the legislature would be recalled and the notwithstanding clause would be used to implement the policy. Moe described the court’s blocking of the Parental Inclusion and Consent Policy as judicial overreach and stated that the government would take action to protect parental rights.
The notwithstanding clause, part of the Canadian Constitution, allows a provincial government to override certain rights and freedoms protected by the Charter. The Saskatchewan government previously used the clause in the 1980s to protect back-to-work legislation, and the Supreme Court of Canada upheld its use in that case.