(Regina) The bill that regulates the use of pronouns by trans youth in Saskatchewan schools was adopted Friday in the Legislative Assembly.
The new law therefore prohibits young people under the age of 16 from changing their first name or pronouns at school without first obtaining the consent of their parents.
The Saskatchewan Party government called the Legislative Assembly for a special session to pass this bill. He used the notwithstanding clause of the Canadian Charter of Rights and Freedoms to override certain sections of the Charter and the Saskatchewan Human Rights Code.
“This gives parents the right to participate in the education and life of their child,” Premier Scott Moe said Friday after the final vote.
The government argues that this law, in effect, formalizes policies already in place in most school districts and ensures that parents are informed about their children.
PHOTO HEYWOOD YU, CANADIAN PRESS ARCHIVES
Saskatchewan Premier Scott Moe
He also argues that the law protects students because it requires school support staff to become involved if a child fears physical, emotional or mental harm when their parents are made aware to obtain consent.
The Moe government decided to intervene after learning last fall that a school district was adopting a policy prohibiting notifying parents in cases where the child did not want to, said Dustin Duncan, Minister of Education. Crown Investment Corporation.
“This was first brought to my attention by teachers who were uncomfortable with this direction,” Mr. Duncan said.
But the government’s decision was criticized by many groups, including the provincial teachers’ union.
“Today’s passage of Bill 137 places all Saskatchewan teachers in a difficult position: should they obey the law, potentially placing a child in an extremely dangerous position, or ignore it and expose yourself to legal risk,” the Saskatchewan Teachers’ Federation wrote on social media.
Rights of minors c. parental rights
The bill has also been criticized by the province’s Human Rights Commission, which believes that using the notwithstanding clause to circumvent the provincial Human Rights Code significantly affects the rights of minors.
University of Saskatchewan law professors also urged the government to move more slowly and let the legal arguments play out.
The opposition New Democrats opposed the bill, saying it disenfranchised vulnerable people. “Teachers will have to choose between sending kids back into the closet or putting them in danger,” said NDP Leader Carla Beck.
Premier Moe said Friday he was against leaving parents in the dark. “How does hiding this information from the parent help the child?” How does hiding this information, regarding a very important decision a child is facing, help support that child in any way? »
The Saskatchewan government first announced this policy this summer.
Lawyers for UR Pride, an LGBTQ organization in Regina, then obtained a court injunction until a legal challenge could be heard on the merits later this year. In their motion, they argued that this policy violated the rights guaranteed by the Canadian Charter and that it could lead teachers to “forcibly bring young people out of the closet” or to misgender them in class.
The government tabled its bill last week, using the notwithstanding clause.
Bennett Jensen, a lawyer with UR Pride and legal director at Egale Canada, said his team will determine next steps in the coming days.
“The government could very well choose to present arguments on whether or not the protest should continue, but for now it is taking its course,” said Mr.e Jensen. And we could now make arguments around the use of the notwithstanding provision itself. »