Saskatchewan premier vows to veto ruling on school pronoun policy

A Canadian premier says he will use an obscure constitutional clause to move forward on a pronoun policy requiring young students to obtain parental consent to change names or pronouns.

A Saskatchewan judge had ruled to pause the parental consent policy.

But Premier Scott Moe said on Thursday he would use the “notwithstanding clause” to override that decision.

The policy was challenged by an LGBT organisation, which argued it was unconstitutional.

In a statement, Mr Moe said the government was “extremely dismayed” by the court blocking the policy, formally called the “Parental Inclusion and Consent Policy”.

“The default position should never be to keep a child’s information from their parents,” he said, adding that the policy had “the strong support of a majority of Saskatchewan residents, in particular, Saskatchewan parents”.

Mr Moe said he would recall the legislative assembly on 10 October to use the notwithstanding clause, which allows a government to have a law operate in spite of a right found in Canada’s Charter of Rights and Freedoms.

Saskatchewan announced the policy last month, which bars teachers from using the preferred pronouns and genders of students under 16 without their parental consent.

On Thursday, Regina Court of King’s Bench Justice Michael Megaw ruled that the policy should be delayed until a constitutional challenge could be heard in November.

“I determine the protection of these youth surpasses that interest expressed by the government, pending a full and complete hearing,” Mr Megaw wrote in the 56-page ruling.

The ruling came after the UR Pride Centre for Sexuality and Gender Diversity sought an injunction, claiming the measure violated the Canadian Charter rights and could lead to teachers misgendering students.

The notwithstanding clause has been used only a handful of times in Canada, most frequently in Quebec.

Its use has sparked criticisms in the past, including in 2018 when Ontario Premier Doug Ford used the clause to force through cuts to Toronto city council.

It functions essentially as an opt-out option for provinces that can be used for a five-year period.

Saskatchewan is not the only province to enact a pronoun policy. New Brunswick brought in a similar measure over the summer.

How schools address sexual orientation and gender has become a flashpoint in Canada.

Last week, rallies were held in major Canadian cities by people protesting LGBT-inclusive education policies.

Some rallies drew counter-protests, and arrests were reported in Ottawa, Halifax, Vancouver and Victoria.