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Regina Civic Awareness and Action Network (RCAAN)

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.

Legal Case Update – August 12, 2025

On August 11, 2025, the Saskatchewan Court of Appeal issued a major ruling in a case with national implications for parental rights, education, and the Canadian Constitution.
 
In a 4-1 decision, the Court mostly rejected the Government of Saskatchewan’s appeal of a previous ruling by Justice Megaw of the Saskatchewan Court of King’s Bench from February 2024. This means that, unless the Government successfully appeals to the Supreme Court of Canada and obtains a stay (a pause) of yesterday’s decision, the applicant in the case, UR Pride, will be allowed to move forward with most of its legal arguments.
 
At the heart of the case is the Saskatchewan Government’s law requiring that parents give consent before a teacher or school staff member can use a new name or gender identity for students under the age of 16. The law also invoked section 33 of the Canadian Charter of Rights and Freedoms – the “notwithstanding clause” – which allows governments to essentially override certain Charter rights for a limited period.(In this case, the notwithstanding clause applied to Charter rights under sections 2, 7, and 15.)
 
The Court of Appeal decided that even though the Government used the notwithstanding clause regarding those Charter sections, the court can still review and decide whether the law violates fundamental rights protected under sections 7 and 15 of the Charter as UR Pride claims. (UR Pride also sought to make a new claim under section 12 of the Charter which was not covered by the notwithstanding clause and the Court of Appeal has allowed that to be advanced as well).
 
This decision is significant, as it takes a different approach than the Quebec Court of Appeal took in a different case involving the notwithstanding clause, and puts into question the proper role of the the courts and legislatures in Canada and their interaction when the notwithstanding clause is used.
 
The majority of the Court sided with UR Pride’s position, disagreeing with the Government’s argument that once the notwithstanding clause is invoked, the courts no longer have the authority to review whether rights subject to it were violated.
 

Freedoms Advocate is proud to be supporting the legal efforts of RCAAN, which is involved in this case. RCAAN previously filed materials to intervene in the original court proceedings, focusing on protecting parental rights and freedoms. The timing of their continued participation in the case will become clearer in the coming weeks, as we await knowledge as to whether the Government will seek an appeal to the Supreme Court of Canada — a decision likely to be made within the next 30 days.

We will continue to keep you updated as this important case develops.

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.

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.

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.

Legal Documents

1) RCAAN Notice of Application

2) Affidavit of Wayne L. Bernakevitch