Saskatchewan’s two largest school divisions say they have responded to teachers’ concerns as they implement the province’s pronoun law ahead of the start of the school year next week.
Jason Coleman, superintendent of student success for Regina Public Schools, says students under 16 who want to change their name or pronouns at school must get parental consent. Those older than that do not have to comply.
Some parents have said no, Coleman said. When that happens, the division works with students to encourage them to communicate with their families.
“We had to do it before [la loi] and after that,” Coleman explained.
“Compliance seems to be a sign that we are respectful of our students and our parents within the framework of the law that is in place. Even before the law, we have strived, we have worked and we have tried to include parents in everything that we do.”
Mr Coleman declined to say how teachers are punished if they fail to comply with the law.
A spokesperson for Saskatoon Public Schools said in an email that all employees are expected to follow the law and its enforcement is no different than other policies.
“We have always encouraged students of all ages to involve their parents or guardians in discussions about name and pronoun changes,” the statement said.
He said the division has made it clear to students that it cannot always guarantee confidentiality if different names are used by teachers and peers.
“Students who are not ready to share this information with their families usually decide to wait until they are ready to do so,” he said.
Legal challenge and petition
Premier Scott Moe’s Saskatchewan Party government introduced the requirement as a rule in August 2023 to ensure parents are included in their children’s lives.
A court challenge then led Mr. Moe to recall the legislature to make the rule law. The law invoked the notwithstanding clause, a measure that allows governments to override certain Charter rights for up to five years.
A judge ruled the challenge could proceed. The province then requested an appeal, which is scheduled to be heard in September.
Premier Moe did not provide details on how teachers would be punished if they did not follow the law. He left it up to school divisions to ensure it was followed.
In November, dozens of teachers signed an online petition saying they would not comply with the law, arguing that it harms students of diverse gender identities by forcing them out of the closet or asking teachers to assign them the wrong gender.
Regina teacher Alex Schmidt, who was among the signatories, said teachers face different types of fears.
Some fear they won’t be properly caring for students if they don’t use preferred names or pronouns. And other teachers fear they’ll be fired if they don’t follow the law.
Other questions arise: Will the law be used to create conflict between teachers and parents? Will students demand pronoun or name changes as a prank?
“It wasn’t necessarily the case in my classroom, but it was concerning for teachers, whether it was going to happen one way or the other, whether it was important to the student or whether it was going to turn into a joke,” she said.
“But from what I’ve heard, it doesn’t happen a lot. And for the students that it did happen with, it was very real and it was a process that, in some cases, was scary for the teacher to have to be in that position.”
Mme Schmidt, who went on maternity leave in March and plans to return later in the school year, understands Regina Public Schools will deal with non-compliance on a case-by-case basis.
Teachers will either follow the rule or not follow it, she said. Others didn’t know what they were going to do until they were faced with the situation.
“There was a lot of fear around job security and also a lot of fear around not being a caregiver,” she said.
Mme Schmidt said no student has asked her to change their name or pronoun. However, she is always willing to call a child by any name or pronoun they want without parental consent if that happens.
“My job is to respect the human rights of the child, and that is everyone’s job,” she said.
New Brunswick’s Progressive Conservative government also introduced a rule that requires parental consent for pronoun or name changes for students under 16.
In Alberta, Premier Danielle Smith said she plans to introduce legislation this fall that would require parental consent for students under 16 to change their name or pronouns.
Mme Smith says she’s also open to using the law to restrict trans youth’s access to gender-affirming health care, ban trans people from participating in women’s sports and require parental consent or notification for sex education.
School divisions in Edmonton and Calgary said they’re not sure exactly what the province will implement and when those changes might come.