The Saskatchewan government on Friday passed its proposed Parents’ Bill of Rights, which also received royal ascent and is now in force across the province.
On Friday, the legislature voted on the third reading, which was passed using the notwithstanding clause to prevent the new law from court challenges under certain provisions of the Canadian Charter of Rights and Freedoms. The new law also protects the legislation from challenges under the Saskatchewan Human Rights Code.
The new law will prevent children under 16 from changing their names or pronouns at school without receiving parental consent.
“Parents and guardians have a right to know what is being taught in their children’s school,” education minister Jeremy Cockrill said in a statement. “The Parents’ Bill of Rights’ is an inclusionary policy that ensures that parents are at the forefront of every important decision in their child’s life.”
Cockrill says he expects all school divisions to abide by the legislation.
Premier Scott Moe, said the policy is first and foremost about involving parents in their children’s lives.
“This is not about targeting anyone in any way,” Moe said. “This is about building other supports and providing parents a right to be involved in their child’s education and life.”
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The opposition Saskatchewan NDP has opposed the bill since it was announced in the summer.
“Teachers will have to choose between shoving kids back in the closet or putting them in harm’s way,” NDP Leader Carla Beck said.
The first two readings of the bill saw unanimous support from all Saskatchewan Party members and the single Saskatchewan United Party member. The Sask. NDP unanimously voted against at every step of the readings.
The Saskatchewan Human Rights Commission has also heavily opposed the introduction of the policy. Earlier this week, Human Rights Commissioner Heather Kuttai resigned from her position to protest the bill.
“The reason for disappointment is the fact that the process has been somewhat accelerated,” Barry Wilcox, the interim commissioner said. “The goal of the Human Rights Commission is really to make sure there’s the equality of rights of the people of Saskatchewan, as well as the protection of the minority groups.”
In September, the province was taken to court by UR Pride, who was represented by Egale Canada.
An injunction was placed on the policy, which caused the province to use the notwithstanding clause and bring the legislature back early.
“We here at UR Pride are upsettingly unsurprised that the Government of Saskatchewan would force through legislation that would cause irreparable harm to children,” UR PRide executive director Ariana Giroux said. “Unfortunately, this does not shock us.”
“We will continue to loudly show up for and advocate for the rights of all people – especially those within the Trans and Queer communities. We believe that through the democratic process and civil demonstration this government can and will be held accountable to this injustice.”
Egale echoed a similar sentiment.
“This is a dark day in Canadian history. We will remember this as the first time that an elected government has used the notwithstanding clause to limit the rights of children and young people as well as the first time that an elected government has done so with respect to 2SLGBTQI people,” Egale said in a statement.
The Saskatchewan Teachers’ Federation also voiced their frustration with the government’s decision.
“Today’s passage of bill 137 places every teacher in Saskatchewan in a difficult position: do they obey the law, thereby potentially placing a child in an extremely dangerous position or ignore it and leave themselves open to legal jeopardy.”
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