The Supreme Court of Canada has agreed to hear cross appeals concerning Saskatchewan’s school pronoun law, a controversial measure that prevents children under 16 years of age from changing their names or pronouns at school without parental consent.
No hearing date has been set yet for the case, which involves appeals from both the Saskatchewan government and UR Pride, a 2SLGBTQ+ advocacy group based in Regina.
Premier Scott Moe’s government first introduced the rule in 2023, arguing that parents must be involved in important decisions their children make in schools. UR Pride challenged the policy, claiming it violates Charter rights and harms gender-diverse youth.
A judge initially granted an injunction to pause the policy, but the province later passed it into law and invoked the notwithstanding clause, shielding the legislation from certain Charter challenges for five years.
The province then argued that the case should be dismissed because of the clause’s protection. However, Saskatchewan’s Court of Appeal ruled earlier this year that while the law itself cannot be struck down under the clause, courts can still declare whether it violates constitutional rights.
Importantly, the court noted that Section 12 of the Charter—the right to be free from cruel and unusual treatment—was not covered by the notwithstanding clause, allowing UR Pride to continue its challenge on that basis.
Both parties have appealed to the Supreme Court, asking it to fast-track the case alongside a related challenge to Quebec’s Bill 21, which bans public sector workers from wearing religious symbols. Quebec also invoked the notwithstanding clause in its law, setting up two major constitutional cases that could reshape the boundaries of Charter protections in Canada.
