The Alberta government has announced that it is seeking intervenor status in a legal challenge against the Saskatchewan government’s Parents’ Bill of Rights, which prevents children under 16 from changing their names and pronouns in school without parental permission. The Saskatchewan government passed this law last October using the notwithstanding clause to prevent Charter challenges. Saskatchewan Premier Scott Moe stated that the policy is about involving parents in their children’s lives and ensuring that parents are at the forefront of important decisions. However, human rights and advocacy groups criticized the law, stating that it would endanger the lives of trans, non-binary, and gender-diverse youth in Saskatchewan.
In January, LGBTQ2 group UR Pride filed a legal challenge against the Parents’ Bill of Rights, arguing that it violates the rights of transgender, non-binary, and gender-diverse youth to a safe environment in school. A Saskatchewan judge ruled that the court challenge could proceed, despite the Saskatchewan government’s lawyers arguing that the law does not breach the Charter of Rights and Freedoms and was passed in the best interest of gender-diverse children and youth. The Alberta government has written to the Saskatchewan Court of Appeal indicating its intention to apply to intervene in the case, arguing that notifying parents before changes to names and pronouns in schools ensures that the parent-child relationship is respected and paramount.
In a joint statement, Alberta Justice Minister Mickey Amery and Saskatchewan’s attorney general Bronwyn Eyre emphasized the importance of involving parents in decisions regarding their children’s names and pronouns. The Alberta government argues that Saskatchewan’s use of the notwithstanding clause in the Charter should have prevented a review of the legislation’s constitutionality. They also assert that the review will impact parental rights across Canada and the application of the notwithstanding clause, which they consider an integral piece of the Charter and the Constitution of Canada. Both provinces believe that parents play a crucial role in children’s lives and are committed to supporting families and children as they work through unique needs.
More than two months after the Alberta government’s proposal, Premier Danielle Smith introduced new legislation that will require parental notification and consent for children aged 15 and younger who wish to change their names and pronouns at school. The legislation will also ban gender-reassignment surgery for children under 17 and prohibit puberty blockers or hormone therapies for anyone aged 15 and under as part of gender-affirming care. Advocacy groups and the Alberta New Democrats criticized the proposal, stating that it could prevent youth from making important, permanent decisions about their bodies before they are old enough to do so. Egale Canada and Skipping Stone Foundation have indicated that they will seek legal action if the legislation passes.
In conclusion, the legal challenge against the Parents’ Bill of Rights in Saskatchewan has sparked a debate regarding parental consent for changes to names and pronouns in schools. The Alberta government has expressed its support for parental involvement in such decisions, while advocacy groups have raised concerns about the potential harm caused to transgender, non-binary, and gender-diverse youth. The debate highlights the complex issues surrounding gender identity, parental rights, and children’s autonomy, and it underscores the need for a balanced approach that respects the rights and well-being of all individuals involved. As the legal battle unfolds, it remains to be seen how these complex and sensitive issues will be resolved in the context of Canadian law and society.
