Judge hears challenge to Saskatchewan law around pronouns in schools
A Saskatchewan judge has begun hearing a legal challenge over a law that requires parental consent when children under 16 want to change their names or pronouns at school.
Lawyers for UR Pride, an LGBTQ organization in Regina, told court Wednesday the challenge should proceed.
Adam Goldenberg said the law unjustifiably limits the rights of gender-diverse youth to equality and security, adding those youth should be entitled to a free society and safe educational environment.
The province's lawyers have asked the court to dismiss the case, arguing it is moot because the Saskatchewan government invoked the notwithstanding clause.
The clause is a rarely used measure that lets governments override certain Charter rights for five years.
Last September, Justice Michael Megaw granted an injunction to pause the policy until court could hear the challenge.
Premier Scott Moe then recalled the legislature for an emergency sitting to pass the law with the notwithstanding clause in an effort to prevent the challenge from proceeding.
Goldenberg said even though the notwithstanding clause was used, there are inconsistencies within the Charter.
Ljiljana Stanic, also representing UR Pride, told court the province did not apply the notwithstanding clause to Section 12 of the Charter, which covers the right not to be subjected to any cruel and unusual treatment.
She said because Section 12 wasn't applied, lawyers can argue how young people's rights are violated based on that section.
Stanic told court that teachers are employed by the government and their actions are considered treatment. Potentially outing students or misgendering them at school can be viewed as mistreatment, she said.
In the law, the province applied the notwithstanding clause to sections 2, 7 and 15 of the Charter. These sections deal with freedom of expression, liberty and equal protection.
Goldenberg said court could offer a remedy by making a declaration the law is of "no force and effect."
Stanic said a declaration would matter.
"It matters more than most for marginalized people who don't have a lot of access to the courts, whose rights are trampled, to know what their rights are now, even if things last notwithstanding," she said.
She said if court decides it doesn't have jurisdiction to grant a declaration, gender-diverse students would be left without recourse.
Megaw told court a declaration is not "the end result" but that such pronouncements are "real."
Moe has said Saskatchewan implemented the law after hearing from parents who wanted it.
The hearing is scheduled to resume Thursday with government lawyers making their arguments.
-- This report by The Canadian Press was first published Jan. 10, 2024.
CTVNews.ca Top Stories
Vancouver quietly proclaimed Chip Wilson Day as billionaire installed sign calling B.C. NDP 'communist'
On the same day Chip Wilson erected a controversial sign at his Vancouver mansion, the city was quietly honouring the billionaire and his wife.
Danielle Smith facing leadership review Saturday to close out UCP convention
Some 6,000 United Conservative Party members are in Red Deer for the party's annual convention and will cast their votes today on what they think of Premier Danielle Smith's leadership so far.
Local sheriff asks FBI to investigate death of Black man found hanging in Alabama
The FBI is investigating the death of a Black man in Alabama, who was found hanging in an abandoned house, following a request from a local sheriff amid fears among community members who accuse local law enforcement of longstanding, unchecked misconduct.
India trashes Canada for linking home minister to Sikh activist plot
India officially protested on Saturday the Canadian government's allegation that the country's powerful home minister Amit Shah had ordered the targeting of Sikh activists inside Canada, calling it 'absurd and baseless.'
The impact of Trump's lies in Springfield, Ohio
Springfield, Ohio was once a manufacturing hub. Now, people know it for Trump's comments at September's presidential debate, when he famously - and falsely - told an audience of 67 million people that Haitians eat their pets, echoing claims that had circulated on social media.
Florida's convicted killer clown released from prison for the murder of her husband's then-wife
A woman who pleaded guilty to dressing as a clown and in 1990 murdering the wife of a man she later married was released from prison on Saturday.
Man says it's 'surreal' that officials euthanized pet squirrel Peanut
A man who took in an orphaned squirrel and made it a social media star vowed Saturday that New York state's decision to seize and euthanize the animal 'won't go unheard.'
Israeli forces capture senior Hezbollah operative in north Lebanon, Israeli military official says
Israeli naval forces captured a senior Hezbollah operative in north Lebanon, an Israeli military official said Saturday.
Americans in Canada cast ballot ahead of U.S. election
Stephen Winters says watching the U.S. election campaign from Canada as a dual citizen is like a parent watching their kid play sports.