Taking legal action to vindicate the Charter rights of gender diverse youth

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Case Background

Lower Court

In September 2023, the Court of King’s Bench for Saskatchewan granted an injunction, blocking the implementation and enforcement of the policy until the court can rule on whether the policy is unconstitutional.

In October 2023, the Government of Saskatchewan revoked the policy and passed Bill 137 into law. The law is the same as the policy, and uses section 33 of the Charter (also known as the “notwithstanding clause”) to override the Charter rights of gender diverse youth.

In February 2024, the Court of King’s Bench of Saskatchewan held that UR Pride can continue the case, even though the notwithstanding clause had been used. The Court also said it would consider whether the now revoked policy violated the Charter.

Appeal Court

The Government of Saskatchewan appealed this decision and, in August 2025, the Court of Appeal agreed with the Court of King’s Bench that UR Pride can continue the case. However, the Court of Appeal said it could not consider whether the now revoked policy violated the Charter.

Supreme Court

The Government of Saskatchewan applied to the Supreme Court for leave to appeal the decision about whether UR Pride could continue the case. UR Pride cross appealed the decision to the Supreme Court arguing that the court should consider whether the now revoked policy violated the Charter.

In November 2025, the Supreme Court granted leave to appeal and leave for the cross appeal. UR Pride (represented by Egale Canada and McCarthy Tétrault LLP) will be fighting for the rights of gender diverse youth in Saskatchewan at the Supreme Court.

What We’re Fighting For

The Charter of Rights and Freedoms (“the Charter”) was added to the Canadian Constitution to protect fundamental rights and freedoms in the country’s highest law. If a government passes a law that violates any of the rights and freedoms in the Charter, the courts have the authority to hold the government accountable and strike down the law for being unconstitutional. Section 33 of the Charter, also known as the notwithstanding clause, allows governments to pass laws that are likely to violate fundamental rights and freedoms in the Charter and prevents courts from striking them down for 5 years.

However, the notwithstanding clause does not remove the court’s ability to declare that Charter rights have been violated. While the notwithstanding clause allows a government to protect laws that violate a Charter right for 5 years, it does not allow a government to silence the courts on questions of constitutional rights. UR Pride is asking the court to make a declaration that Bill 137 violates the Charter rights of gender diverse youth in Saskatchewan, even though they cannot strike down the law for 5 years.

Case Outcome

Pending hearing at the Supreme Court of Canada.

Legal Action Updates

In reverse chronological order

Supporting Documents

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