Saskatchewan (Minister of Education) v UR Pride Centre for Sexuality and Gender Diversity, (Court of Appeal for Saskatchewan)

By order of the Court of Appeal for Saskatchewan, dated July 26th, 2024, Justice for Children and Youth (“JFCY”) was granted Leave to Intervene in this appeal. This case concerns what was originally a policy and now is legislation in Saskatchewan, requiring schools to obtain parental permission before using chosen names and pronouns as requested by students who are under age 16. The Government of Saskatchewan pre-emptively invoked the Charter’s notwithstanding clause in its legislation (s. 33). The organization UR Pride has brought a Charter challenge, claiming that the legislation violates the Charter rights to equality (s. 15), security of the person (s. 7), and to be free from cruel and unusual treatment (s. 12) of vulnerable and marginalized students, and seeking declaratory relief. The Government of Saskatchewan claims the use of the Notwithstanding clause insulates the law from any judicial review. At the hearing in September 2024, JFCY will seek to provide a child-rights informed analysis of the core issues in dispute, namely: 1) the availability of judicial review and declaratory relief when the Notwithstanding Clause of s. 33 of the Canadian Charter of Rights and Freedoms has been pre-emptively invoked in legislation; and 2) the permissibility and propriety of permitting the amendment of the pleadings by UR Pride to include a claim under s. 12 of the Charter. JFCY submits that the analysis of these issues must place children, whose interests are directly at stake, at the centre of each of the issues under consideration.

JFCY Factum