3 unions look to intervene in Sask. government’s appeal of pronoun law challenge

A number of unions are coming together to take action against the Saskatchewan government and its ‘Parents’ Bill of Rights.’

The Canadian Union of Public Employees (CUPE), Saskatchewan Federation of Labour (SFL) and Canadian Teachers’ Federation (CTF) are voicing their concerns on how Bill 137 was passed and the speed with which it was introduced. On Monday they announced their joint application to intervene in the Court of Appeal case concerning Bill 137.

“I wish I didn’t have to say this, but CUPE has filed to intervene in the Court of Appeal case regarding Bill 137 — to help protect the Charter rights of Saskatchewan children and workers,” CUPE Saskatchewan president Kent Peterson said in a news release.

“It shouldn’t have to come to this, but unfortunately here we are.”

The Parents’ Bill of Rights was passed in Saskatchewan last October and requires students under 16 to receive parental consent before changing their names or pronouns at school.

The notwithstanding clause was invoked in the passing of the law, allowing it to stand regardless of whether it violates sections 2, 7 and 15 of Canada’s Charter of Rights and Freedoms.

“We feel that suspending Charter rights – regardless of the sector of workers or subset of children needs to be considered in the court of law,” Lori Johb, the SFL president, said. “Students and workers alike deserve to know how this law could impact them now and into the future.”

The three unions believe the legislation inflicts harm on youth, compels teachers to inflict said harm and sets a precedent to override workers’ Charter rights into the future.

The Court of Appeal will determine intervenors for this appeal later this month. The appeal is scheduled to be heard Sept. 23.

On Feb. 16, Court of King’s Bench Justice Michael Megaw announced his decision to allow the UR Pride Centre for Sexuality and Gender Diversity to continue its constitutional challenge against the Saskatchewan government’s pronoun consent law.

As a result, the organization is able to target the new law, instead of the policy that preceded it, and to add a challenge that the law violates Section 12 of the Charter, which protects Canadians against cruel and unusual treatment or punishment.

The government announced its intention to file an appeal against Megaw’s decision in February, which has brought discussions to a halt.

Global News reached out to the provincial government for comment on the unions’ action.

“As we have always stated, our government will use all tools necessary to protect parental rights when it comes to their children’s education,” the province said in a statement. “This includes defending The Education (Parents’ Bill of Rights) Amendment Act, 2023, now sections 197.1 to 197.4 of The Education Act, 1995, from any court challenges.

“As this matter is before the courts, we are unable to comment further on the proceedings at this time.”