charter of rights and freedoms

Federal use of the Emergencies Act was unreasonable, judge rules

Federal use of the Emergencies Act was unreasonable, judge rules

Jan 23, 2024 | 2:30pm
A judge has ruled it was unreasonable for the Liberal government to use the Emergencies Act to quell “Freedom Convoy” protests in the national capital and at key border points two years ago. In a decision released Tuesday, Federal Court Justice Richard Mosley said invocation of the act led to the infringement of constitutional rights.  […]
Judge Reserves Decision in Pronoun and Gender Case

Judge Reserves Decision in Pronoun and Gender Case

Jan 12, 2024 | 11:01am
Lawyers for the provincial government argued for a judge to dismiss a challenge of a law that requires parental consent when children under 16 want to change their names or pronouns at school. Deron Kuski told court the law doesn’t breach the Charter and is in the best interest of gender-diverse children. He said children could be […]
Gender and Pronoun Law being challenged in court

Gender and Pronoun Law being challenged in court

Jan 10, 2024 | 8:41am
A judge will be hearing a legal challenge over a law that requires parental consent when children under 16 want to change their names or pronouns at school. The law was put in place and is protected by the “not withstanding” clause of the Charter of Rights and Freedoms. Lawyers for UR Pride, an LGBTQ organization […]
Saskatchewan Human Rights Commission asks province to reconsider pronoun bill

Saskatchewan Human Rights Commission asks province to reconsider pronoun bill

Oct 19, 2023 | 10:06am
The Saskatchewan Human Rights Commission is asking the province to reconsider its proposed pronoun legislation, saying it infringes upon the rights of students.  In a letter, the commission says invoking the notwithstanding clause to override the provincial Human Rights Code significantly affects the rights of minors.  It says the code is meant to protect all residents equally […]
Saskatchewan pronoun policy doesn’t do enough to mitigate harms, say legal professors

Saskatchewan pronoun policy doesn’t do enough to mitigate harms, say legal professors

Oct 15, 2023 | 11:41am
Saskatchewan legislation that requires parental consent when children under 16 change their names or pronouns at school fails to ensure gender-diverse youth aren’t harmed, say two legal professors.  The Saskatchewan Party government tabled the bill with the notwithstanding clause last week, overriding sections of the Charter of Rights and Freedoms and Saskatchewan’s Human Rights Code. A judge granted […]
What is the notwithstanding clause? An explainer on the rarely used provision

What is the notwithstanding clause? An explainer on the rarely used provision

Sep 29, 2023 | 7:55am
Premier Scott Moe has pledged his government will use the notwithstanding clause of the Constitution and pass legislation this fall to ensure the province’s school pronoun policy remains in place.  He made the comment shortly after a judge granted an injunction to pause the policy, which requires parental consent when children under 16 want to […]