More than a year after the Government of Saskatchewan introduced the pronoun policy, the constitutionality of it continues to be questioned.
Eventually introduced as Bill 137, the Parents’ Bill of Rights was legally challenged by UR Pride Centre for Sexuality and Gender Diversity.
On Monday morning, the two sides will go to the Court of Appeal to have their arguments heard by a judge.
Here is a timeline laying out the events leading up to this point.
Aug. 22, 2023
The Government of Saskatchewan introduced policy changes in schools, which include requiring parents to be informed of third-party education and being able to opt their children out of sex-ed.
This particular policy change stemmed from the provincial government banning Planned Parenthood in schools following an “ABC sex cards” distribution to Grade 9 students in a Lumsden, Sask. school.
The Sask. United Party, who took a considerable amount of votes in a by-election in the constituency of Lumsden-Morse earlier in August, campaigned on the controversy sparked by Planned Parenthood.
The day after that, Premier Scott Moe holds a news conference where he said the ruling Saskatchewan Party heard a “message” by voters.
Ultimately, Planned Parenthood is suspended, leading to the pause of other third-party groups in schools.
The new policy announced by then Education Minister Dustin Duncan also requires students under 16 years of age to have parental permission before they could change their pronouns or names in school.
A similar decision made by the Government of New Brunswick earlier in August limited the use of preferred pronouns, which led to significant backlash.
Aug. 23, 2023
Saskatchewan was not exempt from the backlash, as the Saskatchewan Advocate for Children and Youth announces an immediate review of the changes the following day, noting that the potential impact of the policy is “deeply troubling.”
As well, several school boards collectively ask the government for a “reasonable pause” on the sudden policy change.
Advocates who work with trans and gender-diverse youth in the province also say the policy shift could pose safety risks.
Other third-party groups who present in schools, including the Regina Sexual Assault Centre, voice their concerns, saying their material is age appropriate and focused on assault prevention and safety.
Aug. 29, 2023
UR Pride Centre for Sexuality and Gender Diversity, a group within the University of Regina, prepares to take legal action against Saskatchewan’s new policy for students’ names and chosen pronouns.
Represented by advocacy group Egale Canada and law firm McCarthy Tétrault LLP, UR Pride prepares to file a lawsuit against the policy at Saskatchewan’s Court of King’s Bench, citing violations of the Charter of Rights and Freedoms.
UR Pride asks the provincial government to suspend the policy by 5 p.m. on Aug. 30 and threatens to file an injunction to block the policy from coming into effect if the deadline is not met.
The government does not suspend the policy, so UR Pride files the injunction.
Sept. 28, 2023
Justice Michael Megaw issues the injunction, which effectively presses pause on the policy until the court rules on the legal challenge put forth by UR Pride.
In his decision to grant the injunction, Megaw references testimony of an expert witness who pointed out potential harms of the policy.
“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,” Megaw wrote.
However, in defiance of the King’s Bench ruling, Premier Scott Moe issues a statement to say the Legislative Assembly would be recalled early to “to pass legislation to protect parents” rights.
Premier Moe says he will turn to the notwithstanding clause of the Canadian constitution, which would delay potential Charter challenges after the policy becomes law.
This was met with backlash from the NDP opposition, who said the policy will harm vulnerable students.
Oct. 12, 2023
Premier Moe recalls the Legislature two weeks early, and the policy, thus known as Bill 137 or the Parents’ Bill of Rights, is introduced and read for the first time in the Saskatchewan Legislature.
The bill invokes the notwithstanding clause to override certain sections of the Charter and the Saskatchewan Human Rights Codes to ensure parents must consent if their child wants to change their gender identification in school.
The introduction of the bill receives unanimous support by Saskatchewan Party MLAs and Saskatchewan United Party Leader Nadine Wilson. It was also unanimously opposed by all Saskatchewan NDP MLAs who are present for the vote.
Oct. 19, 2023
The second reading of the Parent’s Bill of Rights is passed in the Saskatchewan Legislature.
Since Bill 137 is introduced, members of the opposition NDP take turns speaking for hours at a time in an attempt to stall the legislation.
Oct. 20, 2023
The third and final reading of the Parents’ Bill of Rights is passed in the Saskatchewan Legislature, it becomes law after being immediately granted Royal Assent.
Oct. 26, 2023
During an intervention application at the Court of King’s Bench, the government reveals what was known as the “pronoun policy” has been rescinded since the Parents’ Bill of Rights has become law.
Egale Canada, one of the two organizations representing UR Pride, vows to continue legal action against the Parents’ Bill of Rights.
Feb. 16, 2024
Justice Megaw rules that UR Pride should still get the chance to challenge the law under the Charter.
Megaw’s decision would allow UR Pride and the government to present all their evidence and arguments in court. The judge would then be able to decide his next steps.
The legal challenge is scheduled to be heard in court in ten days time on Feb. 26.
The Saskatchewan government continues to defend the Parents’ Bill of Rights and says the law may go to the Supreme Court.
Feb. 26, 2024
The Saskatchewan government turns to the Court of Appeal to intervene which halts the legal battle. Attorney General Bronwyn Eyre says the Court of Appeal has agreed to hear the court’s case.
July 26, 2024
Saskatchewan’s Court of Appeal denies a political group that opposes so-called “gender ideology” intervener status in the legal dispute.
Aug. 29, 2024
Nearing the start of the school year, school divisions say they are preparing to enforce the law.
The Saskatchewan government prepares to make its case before the Court of Appeal in September, arguing that its use of the notwithstanding clause should prevent a judge from reviewing the law.
Saskatchewan will be joined by the attorneys general of Alberta and New Brunswick in making its case to exclude the courts from the law.
Eleven parties in total join as intervenors on the side of UR Pride, including labour groups, Amnesty International, and civil liberties organizations.
Sept. 23, 2024
The legal battle is taken to the Court of Appeal.
–With files from Josh Lynn, David Prisciak, Drew Postey, Laura Woodward, Rory MacLean, and the Canadian Press.