Saskatchewan Premier Scott Moe recently affirmed his determination to bypass a court ruling through the utilization of the Canadian Charter of Rights and Freedoms‘ notwithstanding clause. The court injunction in question had temporarily suspended the province’s policy regarding the usage of preferred names and pronouns for students.
The Parental Inclusion and Consent policy was introduced in August by Education Minister Dustin Duncan. This policy mandates schools to obtain parental consent prior to changing a student’s preferred name and pronouns. The age cap for students requiring parental consent has been set to 16. In addition, the policy gives parents and guardians the option to opt out of their children’s participation in the province’s sexual health education curriculum.
The Regina Court of King’s Bench Justice Michael Megaw ordered a temporary injunction on the policy, effectively delaying its implementation until a constitutional review is carried out. Premier Scott Moe responded by announcing his intention to invoke the notwithstanding clause, Section 33 of the Charter. This clause allows federal, provincial and territorial governments in Canada to bypass or override certain Charter rights temporarily.
According to a statement from Premier Moe, the legislature is due to be recalled on October 10 with the intention of passing legislation that will “protect parents’ rights”. Moe expresses his opposition to what he views as the court’s overreach, arguing that “the default position should never be to keep a child’s information from their parents.”
In response to Moe’s plans, Arif Virani, Minister of Justice and Attorney General of Canada, voiced his concerns, stating that violating individual rights should never be a decision taken lightly. Virani also expressed alarm at the potential harm vulnerable young people could suffer as a result of the government’s action and its premature timing, prior to a review of its constitutionality.
This situation delves into complex questions relating to child rights, parental authority, and the limits of court and legislative powers.
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