Freedoms Advocate is providing support to a proposed intervenor, RCAAN, as they seek to intervene in a constitutional challenge on pronoun parental consent brought against the Saskatchewan Government by UR Pride Centre for Sexuality and Gender Diversity (“UR Pride”).
RCAAN believes the best protection for children is within a family setting where parents are involved in all important decisions regarding their children. RCAAN seeks to uphold the best interests of children through their unique support for parental and family rights, including in the context of religious freedom and children with disabilities.
January 4, 2024 Update
Since RCAAN brought its court proceedings, the Saskatchewan Government implemented a new law paralleling its original education policy of August 2023. The new law provides that parents of children under 16 years of age must consent to any change of a student’s pronouns. That new law states that it operates notwithstanding certain Charter and civil rights. UR Pride is seeking to get around the notwithstanding provision and has raised a new argument. They allege the law violates section 12 of the Charter claiming it subjects children to “cruel and unusual punishment.”
Saskatchewan opposed the challenge and asked that the lawsuit be dismissed. A two-day hearing on the matter was scheduled for January 10 and 11, 2024.
March 15, 2024 Update
Justice Megaw of the Saskatchewan Court of King’s Bench decided the applications heard on January 10 and 11, 2024.
The Judge concluded that invocation by Saskatchewan of the Notwithstanding Clause (s. 33 of the Charter) did not preclude the Court from considering UR Pride’s argument that the new law violates sections 7 and 15 of the Charter and is not saved by section 1 and making a declaration of the same.
The Judge also decided to allow the amendments to the pleadings proposed UR Pride, including the new allegation that the new law violates section 12 of the Charter.
Saskatchewan has launched an appeal of that decision to the Saskatchewan Court of Appeal which will be heard on May 2, 2024.
April 8, 2024 Update
Alberta announced it intends to intervene in the Saskatchewan government’s appeal of this case. The lower court proceedings have been stayed pending the hearing of the Sask. government’s appeal which is expected to take place sometime in fall of 2024 or later.
Legal Documents
1) RCAAN Notice of Application
2) Affidavit of Wayne L. Bernakevitch
