Judges of the Saskatchewan Court of Appeal are scheduled to hear arguments beginning Monday morning.
More than a year since a legal challenge was first launched against the province’s pronoun consent policy (which has since become law), an appeal relating to that challenge is scheduled to be heard in court Monday.
The court case now takes aim at the Saskatchewan law, which requires students under the age of 16 to obtain parental or guardian consent for school staff to “use the pupil’s new gender-related preferred name or gender identity.”
The Parents’ Bill of Rights, also known as Bill 137, is protected through the use of what’s known as the notwithstanding clause, which allows it to stand regardless of whether or not it violates certain sections of Canada’s Charter of Rights and Freedoms, including those UR Pride originally argued would be violated.
Both parties have already submitted written arguments that outline the positions they are likely to relay to the Saskatchewan Court of Appeal beginning Monday.
The UR Pride case should have been considered moot and thrown out by the judge, according to the government.
Further, the government argues the judge should not have allowed an additional avenue of constitutional argument to be tacked onto the case, concerning a section of the Charter protecting Canadians from cruel and unusual punishment.
The Parents’ Bill of Rights law is not shielded from being found unconstitutional for violations of that section through its invocation of the notwithstanding clause.
Opponents of the law have ranged from the general public and teachers to sexual health experts and human rights advocates. They say it unfairly targets and isolates transgender and gender-diverse youth, putting them at risk of potential physical or emotional harm by misgendering or outing them against their will.
The hearing is scheduled to be held at the Regina courthouse, which houses both the Court of King’s Bench and the Court of Appeal, located at 2425 Victoria Ave.
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