Saskatchewan’s government has officially introduced Bill 137, dubbed the “Parents’ Bill of Rights,” which includes a policy that schools must obtain parental consent if a student wants to change their preferred pronouns.
The proposed bill has led to heated discussion in the legislature and a lawsuit in which an interim injunction temporarily pausing the policy was approved by the Court of King’s Bench in Saskatchewan.
Premier Scott Moe said his government will use the notwithstanding clause in the Canadian charter to push the bill forward. Consequently, he recalled the legislature early to deal with the issue.
“We believe trusting relationships with students do not come at the cost of infringing on the trust of parents,” Education Minister Jeremy Cockrill said during the Oct. 12 legislature sitting.
“Our goal is and has been to support students together with parents. Again, this policy, this legislation, brings parents into the lives of children. That’s whose best enabled to support children through difficult conversations and difficult decisions.”
The bill was presented for its first reading on Oct. 12 and received unanimous support from the governing Saskatchewan Party MLAs and leader Nadine Wilson. Twelve MLAs from the NDP official opposition voted against allowing the motion.
In August, the government announced the new policy that if a child under 16 wanted to change their name or pronoun at school, they needed their parents’ approval. The government also plans a stop to third-party instruction on certain issues, including sexual health.
A Leger poll released on Oct. 12 found that 63 percent of Canadians surveyed think schools should inform parents if a child wants to change pronouns or gender. Forty-five percent said schools should inform parents even if the child does not feel safe telling their parents.
The survey, done between Oct. 6 and Oct. 9, included 1,518 Canadians randomly selected in an online panel.
Bill 137
The tabling of the bill makes it public. A news release by the Saskatchewan government said there will be a number of parental rights passed, including:- For students under the age of 16, parental consent must be given before teachers and other employees of the school can use a student’s new gender-related name or gender identity.
- Parents should be informed at least two weeks in advance if sexual health content will be presented. Schools will need to let parents know the subject matter of the content, and the dates it will be presented to students, and parents can withdraw the student if they give written notice to the principal.
Notwithstanding Clause
The notwithstanding clause was included in the charter in the 1980s to ensure federal and provincial parliaments would maintain supremacy over the courts.Once invoked, the clause prevents a judicial review of the legislation for at least five years.
Injunction Granted
Shortly after the Saskatchewan government first announced the policy, the UR Pride Center for Sexuality and Gender Diversity, an LGBT peer support group, filed a court challenge. The group was granted an injunction on Sept. 28.In his written decision, Justice M.T. Megaw said he believed the policy needed to be paused until a court could determine the issue.
“On the whole of the evidence, I am satisfied that those individuals affected by this Policy, youth under the age of 16 who are unable to have their name, pronouns, gender diversity, or gender identity, observed in the school will suffer irreparable harm,” Justice Megaw wrote.
He added that the Saskatchewan government is not entitled to a “free pass at this stage of the inquiry.”
Mr. Moe has said his government is using the clause to protect the rights of the province’s parents.
“Our government is extremely dismayed by the judicial overreach of the court blocking implementation of the Parental Inclusion and Consent Policy—a policy which has the strong support of a majority of Saskatchewan residents, in particular, Saskatchewan parents,” he said on Sept. 28.
Matthew Horwood contributed to this report.
