Canada's Saskatchewan passes school gender identity bill

A controversial bill that requires parental consent for young students to change their gender pronouns at school has been approved in one of Canada's provinces. The province of Saskatchewan used a legal override to implement the bill after a court issued a restraining order to halt its implementation.
This bill was challenged by an LGBT rights organization and originally grants parents the role of "primary decision-makers" in their children's education. Bill 137 was passed after a lengthy 40-hour debate in the provincial legislature.
Saskatchewan Premier Scott Moe stated on Friday that the bill was about giving parents the right, not just the opportunity, to support their children during their formative years. The bill includes provisions for parents to be informed about issues related to their children's attendance, behavior, disciplinary actions, and grades. However, the provision that caused controversy was the requirement for parental consent when a student under the age of 16 requests a new "gender-related name or gender identity" to be used at school.
The policy, as well as the use of the notwithstanding clause by Mr. Moe to pass it, received significant criticism, including from the Saskatchewan Human Rights Commissioner. Earlier this week, Commissioner Heather Kuttai resigned from her position, citing the policy as "an attack on the rights of trans, nonbinary, and gender diverse children."
Opposition leader Carla Beck of the left-leaning New Democrats called this move a step backward in the history of Saskatchewan politics. Some students also opposed the policy, leading to a school walkout in the provincial capital, Regina, and other cities.
Earlier this year, a similar policy was enacted in New Brunswick, a province in Atlantic Canada.
Mr. Moe utilized the notwithstanding clause's power to pass Bill 137. This clause allows provincial legislatures and parliament to override specific parts of the Charter of Rights and Freedoms. It essentially provides provinces the option to set aside certain rights for a five-year period.

The province announced the school policy change during the summer. Last month, a judge ruled that the policy should be postponed until a constitutional challenge could be heard. This ruling followed a request by the UR Pride Centre for Sexuality and Gender Diversity for an injunction, claiming that the measure violated Charter rights and could lead to teachers misgendering students.
The notwithstanding clause was previously rarely used but has been invoked several times in recent years. One notable example is Quebec's use of the clause in 2019 to pass a law that prohibits civil servants from wearing religious symbols at work, including the hijab and kippah.

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