UR Pride Centre for Sexuality and Gender Diversity v. Government of Saskatchewan et al.
Taking legal action against the “Use of Preferred First Name and Pronouns by Students” Policy
Jump to: Summary | Background | Updates | Documents & News Releases
Case Summary
Bennett Jensen, Director of Legal at Egale Canada and McCarthy Tétrault LLP as co-legal counsel for UR Pride Centre for Sexuality and Gender Diversity have commenced legal action against the Government of Saskatchewan in response to the “Use of Preferred First Name and Pronouns by Students” policy.
Background
In August 2023 the Government of Saskatchewan announced its “Use of Preferred First Name and Pronouns by Students” Policy – requiring that teachers must first seek permission from a student’s parent for pronoun use and name changes for students younger than 16.
The “Use of Preferred First Name and Pronouns by Students” Policy violates the rights of gender diverse students under the Canadian Charter of Rights and Freedoms. If the policy remains in effect, it will cause devastating and irreparable harm to gender diverse students under 16 years old who do not feel safe coming out at home. These students will face an impossible choice: be outed to their parents under the policy or remain closeted at school.
Legal Action Updates
August 29, 2023
- Bennett Jensen, Director of Legal at Egale Canada and McCarthy Tétrault LLP as co-legal counsel for UR Pride Centre sent a letter to the Minister of Education (Jeremy Cockrill) stating that UR Pride would be beginning legal action and asked for the Government of Saskatchewan to agree to suspend the implementation of the policy by 5:00 p.m. C.S.T. on August 30, 2023, to avoid immediate harm to students at the beginning of the school year.
August 30, 2023
- Bennett Jensen, Director of Legal at Egale Canada and McCarthy Tétrault LLP did not receive a response from the Government of Saskatchewan by the deadline of 5:00 p.m. C.S.T.
August 31, 2023
- Bennett Jensen, Director of Legal at Egale Canada and McCarthy Tétrault LLP as co-legal counsel for UR Pride Centre filed a lawsuit against the Government of Saskatchewan.
- Bennett Jensen, Director of Legal at Egale Canada and McCarthy Tétrault LLP as co-legal counsel for UR Pride Centre commenced litigation seeking to strike down the policy and asking for immediate interim and injunctive relief.
- Lawyers have been directed to attend an initial conference before a judge of the Court of King’s Bench on the morning of Tuesday, September 5 at 11 AM C.S.T, as students and teachers across Saskatchewan return to the classroom.
September 5, 2023
- Following a case conference, Chief Justice Popsecul of the Saskatchewan Court of King’s Bench ordered a hearing of UR Pride’s application challenging the constitutionality of the Saskatchewan Government’s policy on “Use of Preferred First Name and Pronouns by Students” on September 19, 2023 at 10 AM CST. The hearing will take place in Regina.
September 28, 2023
- Following a hearing on September 19, the Court of King’s Bench for Saskatchewan granted an interlocutory injunction, blocking the implementation and enforcement of the Saskatchewan government’s “Use of Preferred First Name and Pronouns by Students” policy.
October 20, 2023
- The Legislative Assembly of Saskatchewan passed Bill 137 (the so-called “Parental Bill of Rights”) into law. The new law forces gender diverse youth under the age of 16 to either remain closeted at school or to accept being outed to their parents if they ask to be referred to by their name and pronouns at school. It forces school staff to misgender gender diverse youth whose parents have not agreed to allow school staff to use the youth’s correct name and pronouns.
December 1, 2023
- UR Pride Centre for Sexuality and Gender Diversity, represented by Bennett Jensen, Director of Legal at Egale Canada, and a team from McCarthy Tétrault LLP led by Adam Goldenberg, filed an application to amend its originating application against the Government of Saskatchewan.
January 10, 2024
- Bennett Jensen, Director of Legal at Egale Canada, along with Adam Goldenberg and Ljiljana Stanic of McCarthy Tétrault LLP, as co-legal counsel for UR Pride Centre for Sexuality and Gender Diversity, are in court on January 10-11, 2024 to argue that the litigation must continue.
February 16, 2024
- The Court of King’s Bench of Saskatchewan held that we will be allowed to continue our case—to ensure that all students in Saskatchewan have access to a safe and inclusive environment at school.
- Read Egale’s News Release
Supporting Documents
Legal Documents
Media can request access to official legal documents through the Saskatchewan Courts website.
News Releases
Feb 16 , 2024 – UR Pride Litigation Update: Sask. Court Rules Legal Action To Protect Gender Diverse Youth Will Continue | Read News Release
Dec 1 , 2023 – 2SLGBTQI organizations not backing down in legal action against Saskatchewan government’s harmful school policy legislation | Download PDF
Oct 20 , 2023 – Statement from Egale Canada on the Saskatchewan government’s use of the notwithstanding clause | Download PDF
Sept 28, 2023 – Statement from Egale regarding interlocutory injunction against the Saskatchewan government’s “Use of Preferred First Name and Pronouns by Students” policy | Download PDF
Sept 1, 2023 – 2SLGBTQI organizations taking legal action against Saskatchewan government over “Use of Preferred First Name and Pronouns by Students” Policy | Download PDF
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