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Supreme Court Agrees to Hear Challenge to Saskatchewan School Pronoun Law

The case will test what remedies courts retain when provinces invoke the Charter’s notwithstanding clause.

Overview

  • The court granted leave to hear cross-appeals from the Saskatchewan government and UR Pride, with no hearing date set.
  • The law bars students under 16 from changing names or pronouns at school without parental consent and was enacted with the notwithstanding clause in 2023.
  • UR Pride argues the measure violates Charter rights and harms gender-diverse youth, while the province says parents must be involved in such decisions.
  • The Saskatchewan Court of Appeal earlier allowed the challenge to proceed for declaratory relief and left open arguments under Section 12, which was not covered by the clause.
  • Both sides have asked the Supreme Court to expedite the case to be heard alongside Quebec’s religious-symbols law, which also relies on the notwithstanding clause.