The Saskatchewan government’s push to bring back the not-withstanding clause

The Saskatchewan government is desperate to use the constitution’s not-withstanding clause and pass legislation to uphold the province’s pronoun policy. Premier Scott Mo said so.

He made the comments after a judge accepted a petition seeking a stay on the policy. According to the pronoun policy, a child under the age of 16 who wishes to adopt a different name or pronoun at school must obtain parental consent.

Scott Moe said in a statement that he was deeply disappointed by the order. The majority of Saskatchewan citizens and parents support this policy. Children’s information should never be kept secret from parents. This is the general rule. On October 10, he will use the non-standing clause to convene a session of the legislature. This clause allows the government to suspend certain rights mentioned in the Charter for five years.

Earlier, Court of King’s Bench Justice Michael Mego made the order until he heard a journalist’s challenge. A hearing on the challenge is scheduled for November.

Mego wrote in the 56-page decision that the protection of these juveniles exceeded the government’s desire. A full hearing on the constitutional validity of the policy is still pending.

Lawyers for UR Pride sought the order. This policy, they argue, may create misconceptions among teachers about children’s gender. It is also a violation of the Charter of Rights and Freedoms.
Saskatchewan children’s activist Lisa Brodow said it was a violation of gender identity and freedom of expression.

Adam Goldenberg, UR Pride’s lead counsel, said in an emailed statement that Scott More’s plan to bring back the non-withstanding clause is “regrettable.”