The Saskatchewan legislature resumed its session on October 10th, and the ruling Saskatchewan Party plans to use the notwithstanding clause to pass a law requiring parental consent for children under the age of 16 to change their names or pronouns at school. Premier Scott Moe mentioned the use of the notwithstanding clause on September 13th, after a court injunction halted the government’s policy on pronouns. The Premier expressed his dismay at the court’s decision, stating that the policy had strong support from the majority of Saskatchewan residents, especially parents.
The government’s Parental Inclusion and Consent policy, which requires parental permission for changes to children’s names and pronouns, has sparked controversy. New Democrat MLA Nathaniel Teed stated on October 3rd that his party intends to filibuster the government’s attack on charter rights by reading personal impact statements and letters in the legislature. NDP Leader Carla Beck criticized the government’s record, accusing them of failing the children of the province.
On August 22nd, the provincial government announced that schools must seek parental permission for changes to names and pronouns for students under 16. The announcement also stated that parents must be informed about the sexual health curriculum and have the option to decline their child’s participation. The government also instructed school divisions to pause any third-party sex education while a review is conducted.
The policy faced legal challenges from UR Pride Centre for Sexuality and Gender Diversity and Egale Canada, an LGBT advocacy organization. On September 28th, Court of King’s Bench Justice Michael Megaw granted an injunction pausing the government’s policy, prompting Saskatchewan to consider using the notwithstanding clause.
Premier Moe justified the use of the notwithstanding clause by emphasizing the importance of parental involvement in children’s education and decision-making. He noted that his intention to use the clause aligns with similar efforts in New Brunswick and the growing opposition to teaching sexual orientation and gender identity in schools across Canada.
There seems to be significant public support for the government’s position, with a poll conducted by Angus Reid showing that 78 percent of Canadians believe parents should be informed if their child wants to identify differently. In Saskatchewan, that number rises to 86 percent.
Premier Moe shared that he has been approached by constituents who support the policy. He believes that the policy reflects the feelings of his constituents, many of whom are parents or grandparents.