On Tuesday, throngs of people convened outside the Saskatchewan legislative building in a display of vehement opposition to the proposed invocation of the notwithstanding clause. The clause is part of the government’s plan to enforce its contentious parental consent policy through legislation.
Saskatchewan’s labour organizations orchestrated the rally at the legislative building, taking advantage of the two weeks head start before the controversial law’s passage. Kent Peterson, secretary-treasurer for the Saskatchewan Federation of Labour, made a salient point. He underscored that anyone could find their rights under threat, and voiced concerns that this law set a dangerous precedent.
The rally attracted a diverse cast of speakers, including advocates for trans rights. Among them was 17-year-old Memphis Hartman, who publicly identified as trans when he was 10. According to Hartman, teachers play a consequential role in helping students navigate their identities. In a pointed statement, he noted, “My identity is not all that I am, yet I have to stand in front of legislation and behave as if it is the entirety of my existence.”
Furthermore, Hartman stressed the importance of a supportive and safe school environment, which allows students to explore and better understand their identities.
Premier Scott Moe, however, pledged to utilize the notwithstanding clause in response to a King’s Bench judge’s injunction against an educational policy. The contentious policy requires students younger than 16 to obtain parental consent before changing their pronouns or preferred names in school.
Critics argue that this policy infringes upon children’s Charter rights. These dissenting voices span from the provincial children’s advocate and Saskatchewan lawyers to Canada’s justice minister and LGTBQ2S+ groups.
Moe rejected the injunction, referring to it as “judicial overreach of the court”. The injunction halted the policy until court deliberation on Charter issues raised by a lawsuit from a University of Regina Pride organization.
As part of their protest, the Saskatchewan Federation of Labour invited the public to join them on the legislative building’s steps on Tuesday. They were to rally against what they regarded as an “irresponsible and unnecessary use of the notwithstanding clause”. SGEU described the use of the clause by Premier Scott Moe as a perilous act that put Canadians’ rights at risk, advocating for due process via the courts.
This protest was met by a counter-rally rallying in support of the policy. Despite the tension, police intervention was minimal with no arrests made, as per the Regina Police Service. Parents wishing the best for their children were found on both sides of the issue.
Protester Adam Booker, a parent of a trans child, emphasized the necessity of safe spaces in schools, especially if homes failed to provide such environments.
In contrast, counter-rally organizer Tonie Wells lambasted over-exposure to explicit sexual education material in her children’s classrooms. She posited that this highlighted the overarching issue of parental ignorance on school curriculums.
Regina’s Sikh community leader Sunny Chhina also welcomed his community to show their support for the parental consent policy. Chhina underscored the cultural insensitivities of teaching topics that conflicted with their belief systems.
Moe, however, holds faith that the majority of parents back the policy. The pronoun policy will face a constitutional challenge in November, with the government planning to leverage the notwithstanding clause to override any challenges.
