Saskatchewan Premier Scott Moe says he will use the variance clause to enforce his policy on gender identity in schools. This decision follows a judge’s decision to issue an injunction temporarily preventing the implementation of this policy.
The latter made parental consent mandatory for a school to use the pronoun and name chosen by a student under 16.
The decision was made by Court of King’s Bench Judge Michael Megaw.
The protection of young people outweighs the government’s expressed interests, pending a full hearing on the constitutionality of this policy.
Despite the decision, Saskatchewan Premier Scott Moe on Thursday requested that provincial MPs meet in the Legislative Assembly starting Oct. 10 to vote in favor of this policy to protect real parents.
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In recent weeks, Scott Moe has suggested he might use the variance to pass the policy. (archive photo)
Photo: The Canadian Press / Heywood Yu
“Our government is extremely concerned that the court has overstepped its jurisdiction by blocking implementation of a parental consent and involvement policy,” Scott Moe said in a written statement. A policy supported by the majority of the population, especially parents.
For this reason, our government will ensure that parents’ rights are protected and that this policy is implemented […] using the derogation provision of the Canadian Constitution.
What is the deviation determination?
Override is a provision of the Charter of Rights and Freedoms that allows federal, provincial and territorial governments to enact laws derogating from certain rights guaranteed in the Charter for a period of up to five years.
“I am absolutely shocked and appalled that my government is preparing to strip my community of its rights,” said Ariana Giroux, executive director of the LGBTQ+UR Pride organization. This organization filed a lawsuit against the province to oppose the implementation of gender identity policies in schools.
However, Ms. Giroux is happy to learn that Judge Michael Megaw has granted a temporary restraining order.
“I was elated, so happy, you know… I’m so happy to know that the court recognizes this for what it is and that it is potentially harmful to the transgender community and all children,” she explains.
For its part, the Saskatchewan New Democratic Party (NDP) welcomes Judge Michael Megaw’s decision.
The New Democrats are calling on the province to abandon gender identity policies in schools. They say the policy will force vulnerable children to reveal their gender identity.
The NDP also condemns the Prime Minister’s decision to use the notwithstanding provision to maintain his policies.
I think this is absolutely not the right decision. He attacks the situation with a sledgehammer.
“We don’t think it’s normal for this prime minister to use the powers of government to intimidate already vulnerable children,” said NDP education critic Matt Love.
For its part, the Canadian Civil Liberties Association also wanted to condemn the decision of the Prime Minister of Saskatchewan.
Invoking the derogation clause means the Government of Saskatchewan recognizes its policies are unconstitutional, she said in an email.
A policy that is making waves
Last August, the Government of Saskatchewan unveiled its new policy requiring parental consent for sexuality and gender education for students under 16.
Under the new guidelines, students’ parents were now required to give schools permission to use the student’s chosen first name or pronoun.
The state government’s measure met with widespread criticism for several weeks. This policy would put vulnerable children in a situation of greater risk, said New Democratic Party of Saskatchewan Leader Carla Beck.
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“This policy presents an impossible choice: be reported at home or mishandled at school, even in individual counseling sessions with school staff,” UR Pride reported in early September. (archive photo)
Photo: The Canadian Press / Eduardo Lima
In early September, the organization UR Pride, which advocates for the rights of LGBTQ+ people in Regina, decided to sue the Government of Saskatchewan to oppose the policy.
Lawyers representing the organization say this provincial policy is discriminatory because it results in teachers mistreating students who are unable to obtain consent from their parents.
They argue that this violates the Charter of Rights and Freedoms, in particular the right to equality and the right to security.
UR Pride therefore sought an injunction to temporarily suspend the application of the provincial policy while it determines whether or not it is constitutional.
For their part, lawyers representing the Government of Saskatchewan say the policy has been misinterpreted.
The province emphasizes that parents must be involved if their child wants to change their name or pronoun.
Hearings to challenge the policy are scheduled for this fall.
With information from The Canadian Press