In a significant development, Heather Kuttai, a Saskatchewan human rights commissioner and notable former Paralympian, tendered her resignation on Monday. The cause behind her decision, she expressed, is a contentious government bill which she sees as a direct assault on the rights of vulnerable children.
Addressing her resignation to Premier Scott Moe, Kuttai conveyed her heartfelt regret over parting ways with the Saskatchewan Human Rights Commission. She reminisced fondly on her belief in the Commission as an entity that zealously advocated individual rights while promoting equality and equity. However, she emphasized that she could no longer reconcile her conscience to continue her association with it.
Her concerns center around the Saskatchewan Party’s majority decision to employ the notwithstanding clause to establish legislation. The new rule necessitates schools to obtain parental consent for changing the name or pronoun for a child under the age of 16, while within the school premises. The law has invited sharp criticism as ill-conceived and potentially harmful to children. Consequently, a King’s Bench judge issued a provisional suspension of the policy until a verdict on possible Charter violations is handed down by a court.
This blockade invited a firm response from Premier Moe, who criticised the injunction as ‘judicial overreach’, and displayed an unwavering determination to circumvent the courts by summoning a legislative session two weeks early to expedite the bill.
Kuttai expressed profound disappointment in the government she had served and supported for nearly a decade. Though disheartened, she pledged to continue her relentless efforts as a community builder and activist. She expressed concerns about the bill aiming at a minor section of vulnerable young people and flagged it as an attack on the rights of trans, non-binary, and gender-diverse children.
She further advocated for the precedence of a child’s rights over parental obligations and responsibilities. She firmly asserted her unwillingness to rescind a child’s rights in favor of parental rights, even more so in associating herself with a provincial government that pursues such measures.
LGBTQ2S+ youth are at increased risk of abuse, violence, and mental health challenges, according to Kuttai. The legislation may compel teachers to prematurely ‘out’ these individuals, transforming ‘teachers into bullies’.
The Education Minister, Jeremy Cockrill, maintained his confidence in the legislation on Monday despite being unaware of Kuttai’s resignation. Justice Minister Bronwyn Eyre, while regretting Kuttai’s disagreement with the policy, defended the commissioner’s resignation as evidence of the policy’s need.
Kuttai’s distress is further amplified with her own son being trans. She outlined the psychological and physical harm he experienced during his coming out process. She argued that despite the supportive environment schools may provide, it’s naïve to anticipate substantive counseling and guidance for gender-diverse children under the new legislation.
Moreover, she stressed the overwhelming need for resources to support 2SLGBTQ+ youth and children with learning or reading disabilities. She mourned the lack of sufficient Educational Assistants with overcrowded classrooms and dwindling support for teachers. Trans and non-binary children, she claimed, have little chance of obtaining the assistance they deserve under such conditions.
