Legal challenge against Sask. pronoun policy halted, government to file appeal
Arguments surrounding the constitutional challenge against Saskatchewan’s pronoun policy have been halted – due to an impending appeal from the provincial government.
In an update on Monday, Egale Canada – the organization representing UR Pride in its legal proceedings – stated that the Government of Saskatchewan was seeking to appeal a Feb. 16 decision from Justice Michael Megaw.
Megaw’s decision allowed the LGBTQ2+ rights organization to change the focus of its original legal challenge from the now defunct pronoun policy to the Parents’ Bill of Rights – therefore allowing the case to proceed.
According to Egale, the province has also indicated it will seek a stay in the proceedings at Regina’s Court of King’s Bench.
The Parents’ Bill of Rights, which requires parental consent when children under 16 want to change their names or pronouns at school, began as the province’s pronoun policy.
The policy was first introduced on Aug. 22, 2023 and was legally challenged by UR Pride shortly thereafter.
Lawyers representing the government have argued the legal challenge against the policy is now moot given the fact the Parents’ Bill of Rights has now been enshrined into law.
The government recalled the legislature in October with the express purpose to pass the legislation after the Court of Kings’ Bench issued an injunction against the policy.
In the process, the Government of Saskatchewan enacted the notwithstanding clause – a rarely used measure that allows governments to override certain Charter rights for a period of five years.
“With the legislation being passed, in effect and proclaimed – the policy becomes redundant. So it has been rescinded,” Premier Scott Moe told reporters on Oct. 25.
“I’m not sure how a court case would continue with no policy.”
UR Pride has argued the pronoun policy violates two sections of the Charter of Rights and Freedoms. They include Section 7 related to personal security and Section 15 related to equality rights.
In its update, Egale said that at every step of its legal challenge, the court has sided in the organization’s favour. Egale then vowed to continue with its fight against the legislation.
"The Saskatchewan Court of King’s Bench has already found that the Saskatchewan government’s pronoun policy (now enacted into legislation) will inflict irreparable harm on vulnerable young people,” Egale’s statement read.
“Our priority in this case will always be protecting trans and gender-diverse youth and seeking to end the harm being inflicted upon them as quickly as possible. For this reason, UR Pride will oppose the Government’s leave and stay applications.”
CTVNews.ca Top Stories
NEW From yearning for a change to cost of living, why some Canadians have left or may leave the country
For some immigrants, their dreams of permanently settling in Canada have taken an unexpected twist.
NEW Capital gains tax change 'shortsighted' and 'sows division' business groups tell Freeland
Forging ahead with increasing Canada's capital gains inclusion rate 'sows division,' and is a 'shortsighted' way to improve the deficit, business groups are warning Finance Minister Chrystia Freeland.
Minister said 'hundreds' of Canadians might use Gaza visa. More than 7,500 applied.
An immigration lawyer in Toronto says new figures from the federal government show just how 'grudging' Ottawa's efforts have been to rescue Canadians' family members from the war in the Gaza Strip.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Florida deputies who fatally shot U.S. airman burst into wrong apartment, attorney says
Deputies responding to a disturbance call at a Florida apartment complex burst into the wrong unit and fatally shot a Black U.S. Air Force airman who was home alone when they saw he was armed with a gun, an attorney for the man's family said Wednesday.
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.