UR Pride’s legal challenge against Bill 137 can proceed after a ruling by Saskatchewan’s Court of Appeal on Monday…
Saskatchewan’s Court of Appeal has cleared a path for a Charter case against the province’s pronoun law to be heard by a judge. The ruling is a major step in UR Pride Centre for Sexuality and Gender Diversity’s case against Bill 137 (Parents’ Bill of Rights).
The court stated that though the Saskatchewan Party enforced the notwithstanding clause (Section 33 of the Canadian Charter of Rights and Freedoms) to pass the bill, that it “cannot stop a court from ruling whether a law violates the Charter.” The Court of King’s Bench, the superior trial court in the province, will hear the case at a later date.
The government argues the law is protected by the notwithstanding clause, saying the legal challenge stems from the original policy. While the court cannot strike down Bill 137, it can comment on whether the bill does violate constitutional rights.
Co-counselled by Egale and McCarthy Tétrault LLP, the case called out potential violations of Section 7 (Life liberty and security of a person) and Section 15 (Equality rights) of the Canadian Charter of Rights and Freedoms. It was amended in December 2023 to include Section 12 (Cruel and unusual treatment or punishment) after the use of Section 33.
What has the response been to the ruling?
The Saskatchewan Party said it will protect a parents rights to be involved in their children’s education and in important decisions. It goes on to say it is determining next steps.
Egale Canada said it is pleased with the court’s decision. “At the base of this case is a government policy that the Court of King’s Bench found – on the basis of expert evidence – would cause irreparable harm to vulnerable young people in Saskatchewan.”
The official opposition party, the NDP, said the legal challenge is a waste of taxpayer dollars. “Instead of continuing this witch hunt and forcing taxpayers to foot the bill, the Saskatchewan Party should repeal (the law) and focus on what really matters.” It noted the government’s focus should be on healthcare, crime and lowering costs.
The Saskatchewan Teachers’ Federation also chimed in noting how the law forces teachers to place students in a dangerous position. “Along with the intervenors, we believe that Bill 137 inflicts harm on youth, and compels teachers and education workers to inflict said harm,” said president Samantha Becotte. “Being allowed to move this challenge forward to the Court of King’s Bench is a positive step for gender diverse students and we applaud the decision.”
What is the history of Bill 137 in Saskatchewan?
The Bill 137 was first introduced in August 2023. It states that those younger than 16 cannot have their name or pronouns changed in school without permission from a parent. Critics have said the law could leave gender diverse youth closeted, potentially out them and cause misgendering.
On October 20, 2023 the policy became law when the government evoked the notwithstanding clause. The clause “permits Parliament or the legislature of a province to adopt legislation to override certain rights and freedoms for a limited period…”
Similar laws have been introduced across Canada. Alberta’s Education Amendment Act (Bill 27), also requires parental consent for name or pronoun changes.
In 2023, New Brunswick’s Progressive Conservative Party introduced Policy 713 with similar stipulations. Following the Liberals victory in the 2024 provincial election, the policy was revised. Reflecting recommendations from students, families and the 2SLGBTQI+ community, parental consent is not needed for students who wish to be referred to by their preferred names or pronouns. Parental approval is required should any changes be requested on official school documentation.
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