Evidence shows that irreparable harm will be inflicted upon vulnerable children and youth due to the Government of Saskatchewan’s move to invoke the notwithstanding clause to violate their rights

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Today, the Government of Saskatchewan under Premier Scott Moe has decided to trample on the rights of vulnerable children and youth. 

Justice Megaw of the Court of King’s Bench of Saskatchewan found this to be a clear case where an injunction was necessary to prevent irreparable and potentially irreversible harm to gender diverse students in the province should the Policy remain in force. 

It is unconscionable that, in the face of such a finding, the Government is pushing ahead with extreme overreach to further its political objectives rather than considering ways to support and protect vulnerable students. 

We can all agree that young people deserve to feel safe and that parents play an important role in fostering a safe environment at home and in the community. But the evidence is clear: not allowing young people to be themselves at school will cause irreparable harm by diminishing their mental health and wellbeing, and it even puts their lives at risk.

“We know from recent data that not only are the people of Saskatchewan concerned that this legislation will cause harm to vulnerable young people, but that there are many other urgent issues such as the rising cost of living or improving healthcare that they want their Premier to address rather than directing his attention to pronoun policies in schools,” said Helen Kennedy, Executive Director of Egale. “We also know that the majority of Saskatchewan residents believe that the Premier should allow the courts to review the policy before taking further action. This is a clear attempt to distract from other issues by causing fear and division,” she continued. 

Recent data by spark*insights following polling commissioned by Egale Canada, showed that very few people (4%) see this issue as a top priority for their provincial governments, including 8% in Saskatchewan. The data also showed that 68% of Saskatchewan residents believe that the government should allow the courts to review the policy before taking further action. 

“Today, Premier Moe took the unprecedented step of knowingly and intentionally violating the Charter rights of children and youth in Saskatchewan,” said Bennett Jensen, co-counsel for UR Pride and Director of Legal at Egale. “In light of all of the evidence that the Government of Saskatchewan’s school pronoun policy will cause irreparable harm to vulnerable young people, we call on the government to immediately halt its planned legislation, and to consult with education stakeholders, experts, parents, teachers, school divisions, and students in order to ensure that schools are safe for all students,” he concluded.

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