Federal Justice Minister Condemns Saskatchewan’s Intention to Utilize Notwithstanding Clause in Pronoun Policy
use the notwithstanding clause
to override a court injunction to pause its pronoun policy.
The Saskatchewan government announced on Aug. 22 that schools would need to seek the consent of parents of children under 16 who want to change their pronouns. The policy would also allow parents to opt their children out of sexual health classes.
post indicated he believes the policy, which is scheduled to take effect on Oct. 10, would hurt vulnerable individuals.
“We are aware of the Saskatchewan government’s stated intention to use the notwithstanding clause,” he said on X, formerly Twitter.
“We note that the government is choosing to do this despite today’s injunction which should have given them pause. A judge agreed that what the government is doing may cause irreparable harm to some of its most vulnerable young people.”
Mr. Virani did not indicate whether the federal government would get involved in the situation. He did, however, criticize the Saskatchewan government in the social media post, indicating he saw the pronoun policy as a violation of rights.
“Just as important, they are acting before a court has had the opportunity to review their proposed policy for its constitutionality,” he said. “Violating individual rights should not be a decision taken lightly.”
In the written decision published by CBC News, Justice M.T. Megaw said he believed the policy needed to be paused until a court could determine the issue.
“On the whole of the evidence, I am satisfied that those individuals affected by this Policy, youth under the age of 16 who are unable to have their name, pronouns, gender diversity, or gender identity, observed in the school will suffer irreparable harm,” Justice Megaw wrote in the decision.
He added that the Saskatchewan government is not entitled to a “free pass at this stage of the inquiry.”
Justice Megaw said the protection of youth surpassed the interest of the government before a “full and complete hearing into the constitutionality” of the policy.
The Saskatchewan Teachers’ Federation and the provincial Advocate for Children and Youth, Lisa Broda, have expressed some concern about the impact the policy will have on students.
news release
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“However, this objective can be achieved without imposing such strict rules around consent, which could result in a violation of a young person’s rights under provincial, constitutional,
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