Sask. teachers hope for clarity after Supreme Court agrees to hear school pronoun appeal

CBC News

· Posted: Nov 06, 2025 10:21 AM EST | Last Updated: November 7

The president of the Saskatchewan Teachers' Federation says she hopes the Supreme Court volition bring clarity to the province's pronoun law, aft the country's highest tribunal said it volition perceive appeals connected it.

The instrumentality prevents children nether 16 from changing their names oregon pronouns astatine schoolhouse without parental consent, which Samantha Becotte said puts teachers successful a hard position.

“We proceed to advocator for the authorities of Saskatchewan to repeal Bill 137 and guarantee that teachers person that nonrecreational autonomy,” she said. 

Teachers should beryllium allowed to usage their nonrecreational judgement to beryllium capable to make harmless learning spaces for each students successful Saskatchewan, said Becotte.

No day has been acceptable for the tribunal to perceive the transverse appeals from the provincial authorities and UR Pride, an 2SLGBTQ+ radical successful Regina.

Premier Scott Moe's Saskatchewan Party authorities introduced the regularisation arsenic a argumentation successful 2023, arguing parents should beryllium progressive successful decisions their children marque astatine school.

Lawyers for UR Pride challenged the regularisation successful court, arguing it violates Charter rights and causes irreparable harm to sex divers youth.

WATCH | Supreme Court to measurement successful connected Saskatchewan's pronoun law:

A justice granted an injunction to halt the policy. But a period later, the state enactment it into instrumentality and invoked the notwithstanding clause, allowing it to override definite Charter rights for 5 years.

The state argued the situation should beryllium thrown retired due to the fact that it invoked the clause, but Saskatchewan's Court of Appeal ruled earlier this year it tin continue.

It said the tribunal can't onslaught down the authorities due to the fact that of the notwithstanding clause, but it tin contented a declaratory judgement connected whether the instrumentality violates law rights.

It besides ruled UR Pride tin inactive reason the instrumentality beryllium struck down, due to the fact that the clause wasn't applied to Section 12 of the Charter — the close to beryllium escaped from cruel and antithetic treatment. The state cited different sections erstwhile it invoked the clause.

The radical and the state some appealed and asked Canada's highest tribunal to expedite the lawsuit to beryllium heard alongside a situation of a Quebec instrumentality that prevents nationalist assemblage workers from wearing spiritual symbols connected the job.

Quebec besides invoked the notwithstanding clause successful its law.

Lawyer wants to spot authorities support law

Adam Goldenberg, a Toronto lawyer representing UR Pride, said the instrumentality violates Charter rights and causes irreparable harm to sex divers youth. He said the lawsuit is astir forcing the authorities to support the instrumentality with evidence.

“If the authorities has made the unfortunate, I would say, cowardly, determination of invoking the notwithstanding clause alternatively than adjacent question to support the constitutionality of its instrumentality successful court, astatine slightest those young radical inactive merit an accidental to person a judge,” said Goldenberg.

Goldenberg said it's important for the Supreme Court to perceive from sex divers youth.

Louis-Philippe Lampron, a law instrumentality prof astatine Université Laval successful Quebec, said the information the Supreme Court is proceeding the lawsuit shows the improvement of Canadian instrumentality and highlights however immoderate provinces are courting populist sentiment. 

“Those populist movements are attacking the legitimacy of courts to invalidate immoderate laws adopted by legislatures,” helium said.

Lampron said the notwithstanding clause whitethorn beryllium utilized by the authorities arsenic a mode to substance the occurrence of those populists, but helium said astatine slightest the tribunal situation could enactment unit connected legislatures to not usage the clause truthful lightly.

The lawsuit successful Alberta

A akin ineligible conflict is brewing successful Alberta.

Premier Danielle Smith's authorities invoked the notwithstanding clause past week to unopen down a provincewide teachers onslaught and shield its back-to-work measure from ineligible challenge.

Also successful Alberta, a authorities memo obtained by The Canadian Press successful September indicates Smith's authorities plans to usage the notwithstanding clause successful 3 pieces of authorities policing schoolhouse pronouns, pistillate sports and gender-affirming wellness care.

Those laws person already passed but look challenges.

• Alberta authorities promises to combat for schoolhouse pronoun instrumentality amid ineligible challenge

Part of the instrumentality banning doctors from providing gender-affirming wellness attraction to those nether 16 is connected hold. A justice ordered a impermanent injunction earlier this year, but Alberta is warring that ruling, arguing it was premature.

Another measure requires younker to get parental consent to usage antithetic names oregon pronouns astatine school, and a 3rd bans transgender girls from amateur pistillate sports.

Smith has said publically nary determination has been made connected whether to invoke the notwithstanding clause but adds her authorities whitethorn person to due to the fact that it could instrumentality years for courts to resoluteness the issue.