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Sask. LGBTQ+ group files lawsuit over government pronoun policy in schools

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Sask. LGBTQ+ group files legal action over government pronoun policy in schools
A community organization representing LGBTQ+ people in Regina has filed legal action against the Saskatchewan government over a pronoun policy affecting children at school – Sep 1, 2023

A community organization representing LGBTQ+ people in Regina has filed a lawsuit against the Saskatchewan government over a pronoun policy affecting school children.

McCarthy Tetrault LLP will be working with Egale Canada on a lawsuit that could bring the government of Saskatchewan to court over their controversial policy requiring teachers to get parental consent before calling a trans student their new name or pronouns.

They will represent the UR Pride Centre for Sexuality and Gender Diversity at the University of Regina and will be requesting a judge strike down the changes that affect LGBTQ+ youth.

Bennett Jensen, Egale Canada’s director of legal, said without the injunction, trans youth will be put in danger as soon as the school year begins.

“Regardless of circumstances, the teachers have an obligation now under this policy to out their students,” Jensen said. “This exposes these students to unacceptable harm starting on Tuesday so it is essential we move as quickly as possible.”

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“This lawsuit is about making sure all children and youth in Saskatchewan have a safe place to go to school.”

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If granted, the injunction would put the policies on hold while the court hears the case.

The province announced earlier this month a requirement for parental consent when children under 16 years old want to use different names or pronouns at school.

In the court application, the government of Saskatchewan and all of the province’s 27 school divisions are named as respondents.

UR Pride says the rules are not justifiable under the Canadian Charter of Rights and Freedoms and deny gender-diverse students’ entitlement in a free and democratic society.

For trans youth, Jensen said they’re here for them and doing everything they can to change the policy.

“Through this process I’ve had the benefit of meeting so many teachers in Saskatchewan who every day show up to pursue the best interests of their students and do it with discernment and discretion and do it with the student’s best interest in mind,” Jensen said.

Global News reached out to the province to discuss the lawsuit.

“The Government of Saskatchewan remains committed to implementing the policy it announced on August 22, 2023, which requires parental consent if a student under the age of 16 wants to change their name or pronouns at school,” a statement read.

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“The Government maintains its position that parents and guardians have a key role in protecting and supporting their children as they grow and develop and will do everything in its power to protect parental rights.”

Both sides will start arguing the injunction next week.

— With files from the Canadian Press.

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