On Monday, August 11, the Court of Appeal for Saskatchewan confirmed that UR Pride’s challenge to the province’s anti-trans pronoun law may continue, despite the government’s use of the notwithstanding clause.
In August 2023, the Government of Saskatchewan introduced a policy that prevents teachers from using requested names and pronouns for students under the age of 16 unless their parents provide permission. UR Pride, represented by Egale Canada’s legal team and pro bono counsel from McCarthy Tétrault LLP, challenged this policy and the Court of King’s
Bench granted an injunction, because it found — on the basis of expert evidence — that this policy would cause irreparable harm to vulnerable youth, including trans and gender diverse youth.
The Government of Saskatchewan responded by invoking the notwithstanding clause to implement the policy into law, meaning that the law would operate even if it violated a person's rights under our Charter, and argued that the court case needed to end as a result.
The Court rejected this argument and reinforced the critical role of courts in acting as a check on government power. This is a critical win for all of us in Canada, not just for the gender diverse youth at the heart of this fight who are being denied dignity, autonomy and safety at school.
We know this is just the beginning. While we are now one
step closer to making our constitutional arguments in court, at every turn, the Government of Saskatchewan has doubled down against us.
Will you donate today to fuel the next phase of this fight? Every gift helps us defend 2SLGBTQI rights in court and protect them for generations. And, thanks to a generous donor, all donations in the month of August will be matched up to $10,000!
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Thank you for standing with us.
Bennett Jensen
Director of Legal |
