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Pronoun injunction has Saskatchewan reaching for notwithstanding clause

Judge pauses policy requiring parental consent for kids to go by different names, pronouns at school
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A person holds a sign during a pride rally in Saskatoon on Thursday, June 1, 2023. A Saskatchewan judge has granted an injunction over a government policy that requires parental consent when children under 16 want to go by different names and pronouns at school. THE CANADIAN PRESS/Heywood Yu

The Saskatchewan government will use the notwithstanding clause of the Constitution and pass legislation this fall to ensure the province害羞草研究所檚 pronoun policy remains in place, Premier Scott Moe said Thursday.

Moe made the comment shortly after a judge granted an injunction to pause the policy that requires parental consent when children under 16 want to go by different names and pronouns at school.

Moe said in a statement he害羞草研究所檚 extremely dismayed by the injunction, calling it judicial overreach.

He said the policy has strong support from the majority of Saskatchewan residents and parents.

害羞草研究所淭he default position should never be to keep a child害羞草研究所檚 information from their parents,害羞草研究所 Moe said.

害羞草研究所淚t is in the best interest of children to ensure parents are included in their children害羞草研究所檚 education, in their classrooms and in all important decisions involving their children.害羞草研究所

Moe said he will recall the legislative assembly on Oct. 10 and use the notwithstanding clause, a provision that allows governments to override certain Charter rights for up to five years.

Earlier Thursday, Court of King害羞草研究所檚 Bench Justice Michael Megaw ordered the injunction until a constitutional challenge can be heard in court.

害羞草研究所淭he protection of these youth surpasses that interest expressed by the government, pending a full and complete hearing into the constitutionality of this policy,害羞草研究所 Megaw wrote in his 56-page decision.

害羞草研究所淚 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.害羞草研究所

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.

Saskatchewan害羞草研究所檚 child advocate Lisa Broda has also said it violates rights to gender identity and expression.

The constitutional challenge is set to be heard in court in November.

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