Reaction is coming in to a Saskatchewan Court of Appeal ruling that a challenge to the province’s pronouns-in-schools legislation can continue.
The Court of Appeal ruled 4-1 that the Court of King’s Bench has jurisdiction to hear the litigation from UR Pride. King’s Bench had earlier ruled the challenge could proceed, but the province appealed, arguing its use of the notwithstanding clause nullified that jurisdiction.
The changes to the province’s Education Act were first announced as policy in summer 2023, then later enacted through Bill 137. The legislation requires parents to be consulted by schools on name changes for students under age 16.
This afternoon the Government of Saskatchewan issued this statement:
“Our government will always protect parents’ rights to be involved in their children’s education, which is why we introduced Bill 137, The Parents’ Bill of Rights. Those parental rights were enshrined using the notwithstanding clause of the Charter and that law remains in effect.
“The Parents’ Bill of Rights provides parents with the assurance that they will be involved in important decisions involving their children, and that important information involving their children will not be withheld from them.
“Our government has also asked school divisions to disclose their policies and have encouraged parents to get involved with their school boards to ensure that the policies reflect what parents and communities are comfortable with.
“We are still reviewing the decision to determine next steps. As the matter remains before the Courts, we will not comment further.”
Premier Scott Moe and Attorney General Tim McLeod were in the province’s north on Monday, meeting with community leaders in Beauval and La Loche in the wake of the wildfire situation.
The Opposition New Democrats issued a joint statement from justice critic Nicole Sarauer, human rights critic Jacqueline Roy and 2SLGBTQ affairs critic Nathaniel Teed:
“The Sask. Party has wasted thousands and thousands of taxpayer dollars fighting this case in the courts, and today they were handed another legal defeat.
“After 18 years of the Sask. Party, Saskatchewan ranks last in Canada on crime, the cost of living and health care — these are the issues the government should be focused on, not causing ‘irreparable harm’ to vulnerable children.
“Instead of continuing this witch hunt and forcing taxpayers to foot the bill, the Sask. Party should repeal Bill 137 and focus on what really matters to Saskatchewan people: fixing health care, stopping crime and lowering costs for families.”
There has also been reaction from the province’s unions. The Saskatchewan Federation of Labour (SFL) was an intervenor in the case, along with CUPE and the Saskatchewan Teachers’ Federation. In a news release, the SFL said it was encouraged by the Court of Appeal’s decision.
The SFL called on the Sask. Party government to “repeal Bill 137, end the legal battle, and do the job they were elected to do: focus on what actually matters.”
“Instead of a serious response to tariffs, wildfires or understaffed hospitals, the Sask. Party keeps fighting students and educators in court. Wasting hundreds of thousands — if not millions — of taxpayer dollars on this fight is bizarre,” said SFL president Lori Johb in a statement.
“Good jobs, affordability and accessible health care are top of mind for workers. This expensive gimmick with the Charter of Rights and Freedoms is not.”
CUPE also issued a statement, calling the Court of Appeal ruling “a significant win for Saskatchewan’s children and defenders of the Canadian Charter of Rights and Freedoms.”
The union said the decision means the courts can “determine whether the legislation violates the Charter’s protection of liberty and security of the person and of equality and non-discrimination rights, and declare that rights and freedoms have been unjustifiably infringed — despite the government invoking the notwithstanding clause to prevent the courts from striking the legislation down.”
“It is critical that this case moves forward,” said Kent Peterson, president of CUPE Saskatchewan. “This ruling tells anyone concerned about their rights that they will not be silenced — even by a government determined to trample the Charter. This court case also raises big questions about the time and taxpayer money the Sask. Party has wasted on what amounts to a cheap political gambit.
“Today sends a clear message: rights matter, children matter, and the Sask. Party government cannot simply legislate away accountability.”
In a news release, Saskatchewan Teachers’ Federation also welcomed the appellate court’s ruling.
“The bill presents a danger to the well-being of vulnerable children, and places teachers in the extremely difficult legal position of having to potentially place a 2SLGBTQIA+ child in an unsafe situation or disobey the law. As such, we are deeply relieved that this appeal is being allowed to continue,” said Saskatchewan Teachers’ Federation President Samantha Becotte in a statement.
“We know this policy was developed without consultation with partner and stakeholder groups. Since this impacts students directly, did the Ministry of Education consult with their Youth Council regarding this decision?”
“Teachers must be able to exercise professional judgement and autonomy to create a safe learning environment to support students and work with parents to help vulnerable youth navigate these conversations… Along with the intervenors, we believe that Bill 137 inflicts harm on youth, and compels teachers and education workers to inflict said harm. Being allowed to move this challenge forward to the Court of King’s Bench is a positive step for gender-diverse students and we applaud the decision.”
The STF adds that they continue to advocate for the Government of Saskatchewan to repeal Bill 137, and that they will share more once a full analysis of the court decision has been completed.
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