Saskatchewan passes its law on trans youth under 16 in school

The proposed law on the use of pronouns for trans youth in schools received final approval from the Saskatchewan Legislative Assembly on Friday.

The new law therefore prohibits young people under the age of 16 from changing their first name or pronouns at school without their parents’ consent.

The government 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.

The governing Saskatchewan Party said the law effectively formalizes policies already in place in many school districts and ensures parents are informed about their children.

During the final debate in the House on Friday morning, Crown Investment Corporation Minister Dustin Duncan emphasized that for his government, “parents are partners in the education of their children.”

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.

This summer, the Saskatchewan government announced a directive requiring parental consent for students under the age of 16 who want to change their pronouns and first name at school.

Lawyers for UR Pride, an LGBTQ organization in Regina, have requested an injunction from the courts until a legal challenge can 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 come out of the closet” of young people or to misgender them in class.

The injunction was granted in late September. The Saskatchewan government then used the notwithstanding provision of the Charter in its bill.

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