The Saskatchewan government has introduced a bill invoking the notwithstanding clause to prevent children under the age of 16 from changing their first name or pronoun at school without their parents’ consent.
A judge granted an injunction in late September, suspending the Saskatchewan Party government’s pronoun policy.
Premier Scott Moe pledged the same day to recall the Legislative Assembly early and invoke the notwithstanding clause.
This clause is a rarely used provision that allows governments to override certain rights guaranteed by the Charter of Rights and Freedoms for a period of up to five years.
Education Minister Jeremy Cockrill said he was pleased Thursday to table the Parents’ Bill of Rights Act.
“Parents should always be involved in important decisions regarding their children,” Cockrill said in a press release.
Opposition NDP House Leader Nicole Sarauer said the bill tramples on children’s rights.
“Here is a government prepared to call a session in an unprecedented way, to change the procedural rules to pass this bill,” she said. Well done guys, and this is for the purpose of using the notwithstanding clause to trample on children’s rights. »
The bill states that if it is believed that a student might be harmed due to the pronoun consent requirement, the school principal must refer the student to a counselor.
It also says parents must be given at least two weeks’ notice before any sexual health content is presented in schools so they can remove their children from those classes.
Premier Moe said the policy announced in August has the strong support of the majority of Saskatchewan residents and parents.
Saskatchewan child advocate Lisa Broda said in a report that this violates the rights to gender identity and expression.
UR Pride’s lawyers had sought the injunction, arguing that the policy could cause teachers to disclose the child’s gender identity to their parents before they can do so, or to “misgender” children , and that this violates Charter rights.
A judge ordered the injunction until a constitutional challenge can be heard in court later this year.