A Court of King’s bench decision has come down regarding a controversial policy on the use of pronouns use in schools.
The decision, made by Court of King’s Bench Justice Michael Megaw, grants an injunction on the policy and puts the policy on hold for the time being.
“The protection of these youth surpasses that interest expressed by the government, pending a full and complete hearing into the constitutionality of this policy,” Megaw wrote in his 56-page decision.
“I find this to be one of those clear cases where injunctive relief is necessary to attempt to prevent the irreparable harm referred to pending a full hearing of this matter on its merits.”
The policy announced by the Sask Party Government just weeks before school started mandates parental consent for children under 16 who wish to use different names and pronouns at school.
Lawyers for UR Pride sought the injunction, arguing the policy could cause teachers to out or misgender children and that it violates the Charter of Rights and Freedoms.
Opposition Education Critic, NDP MLA Matt Love issued a statement. “We welcome this decision from the Court of King’s Bench.” The statement goes on to say “The government should not come forward with legislation in the fall sitting to put this policy into law, and they certainly shouldn’t do so relying on the notwithstanding clause to push this policy forward.“
Saskatchewan’s child advocate Lisa Broda has also said it violates rights to gender identity and expression.
The Sask Party Government issued this statement:
“Our government is reviewing today’s decision to grant an interim injunction to pause the Parental Inclusion and Consent policy – a policy that has the strong support of a majority of Saskatchewan people, in particular, Saskatchewan parents.
Our government remains fully committed to this policy and to protecting parents’ rights. We are concerned about the uncertainty this ruling creates and are considering all options to remove that uncertainty and ensure this policy is implemented.”
“We are concerned about the uncertainty this ruling creates and are considering all options to remove that uncertainty and ensure this policy is implemented,” the government spokesperson said.
In previous statements, Premier Scott Moe has said the province is considering all tools to keep the policy, including using the notwithstanding clause, a provision of the Charter of Rights that allows governments to override certain Charter rights for up to five years.
The constitutional challenge is set to be heard in court in November.
-With files from the Canadian Press
