SK gov't to use notwithstanding clause in Charter to implement school gender policy

Saskatchewan gov't to use notwithstanding clause in Charter to implement Parental Rights and Inclusion school gender policy.

Sask. premier to use notwithstanding clause to veto judge ruling on school pronoun policy | CBC News | Jason Warick:

September 28, 2023 - "A Regina judge has ruled that the Saskatchewan government's naming and pronoun policy should be paused for the time being, but Premier Scott Moe says he'll use the notwithstanding clause to override it. Moe, responding to today's injunction issued by a Regina Court of King's Bench Justice Michael Megaw, said he intends to recall the legislature Oct. 10 to 'pass legislation to protect parents' rights.'

"'Our government is extremely dismayed by the judicial overreach of the court blocking implementation of the Parental Inclusion and Consent policy — a policy which has the strong support of a majority of Saskatchewan residents, in particular, Saskatchewan parents,' Moe said in a written statement Thursday afternoon. 'The default position should never be to keep a child's information from their parents.'

"Last month, the province announced that all students under 16 needed parental consent to change their names or pronouns. Moe previously said he stands by the policy and that the province will do everything in its power to protect parental rights.

"The notwithstanding clause is a provision that allows governments to override certain Charter rights for up to five years when passing legislation. The clause can only override certain sections of the charter which deal with fundamental freedoms, legal rights and equality rights.... Once invoked, the notwithstanding clause prevents any judicial review of the legislation in question.... 

"UR Pride [University of Regina Pride Centre for Sexual and Gender Diversity] filed a lawsuit calling for the policy to be struck down. Their position was that it could cause teachers to out or misgender children and that policy violates the Charter of Rights and Freedoms. Last week, lawyers for UR Pride argued for an injunction, pending a ruling in the lawsuit.

"The province's lawyers say the policy has been misinterpreted. They say parents should be involved when their children decide to change their names or pronouns....

"Megaw wrote that until there can be a full hearing, 'the importance of the governmental policy is outweighed by the public interest of not exposing that minority of students to exposure to the potentially irreparable harm and mental health difficulty of being unable to find expression for their gender identity.' Megaw ruled the policy cannot be implemented or enforced until its legitimacy has been decided by the court."

Read more: https://www.cbc.ca/news/canada/saskatchewan/judge-grants-injunction-school-pronoun-policy-1.6981406