Alberta seeking intervener status in Sask. court case over pronoun policy

The Government of Alberta is looking to join the Saskatchewan government’s court battle over its pronoun policy.

In February, a Court of King’s Bench justice ruled that a court challenge by UR Pride can proceed over the Saskatchewan government’s law requiring parental consent for children under 16 who want to change their names or pronouns at school.

In a joint statement issued Tuesday by Alberta Minister of Justice and Attorney General Mickey Amery and Saskatchewan Minister of Justice and Attorney General Bronwyn Eyre, Alberta indicated it was seeking intervener status in the Parents’ Bill of Rights case before the Saskatchewan Court of Appeal.

“Saskatchewan and Alberta agree that the ultimate authority figures in children’s lives are their parents, and our provinces are both committed to supporting families and kids so they can work through their child’s unique needs together,” the ministers said in the statement.

“Notifying parents and requiring their consent before a child’s name or pronouns can be changed in schools and before classroom discussions about gender identity and other sensitive subjects occur ensures the parent-child relationship is respected and paramount.”

The statement said Alberta will be looking to show that Saskatchewan’s use of Section 33 of the Charter of Rights and Freedoms should have prevented the Court of King’s Bench from reviewing the constitutionality of the Parents’ Bill of Rights.

“This case has the potential to not only impact parental rights across Canada, but also the application of the Parliamentary Supremacy Clause, which has been an integral piece of the Canadian Charter of Rights and Freedoms and the Constitution of Canada since 1982,” the statement said.

The legislation was proposed by the provincial government in August of 2023, and prompted passionate responses by people in favour of and against the idea.

In September, King’s Bench Justice Michael Megaw granted an injunction against the policy, which Saskatchewan’s advocate for children and youth said was discriminatory. A Saskatchewan human rights commissioner resigned over the policy.

UR Pride also launched its legal action against the government in September.

Premier Scott Moe recalled MLAs two weeks early to debate the proposed legislation, and it was passed in October.

Alberta has promised to enact similar changes to its education policy in the fall.

Premier Danielle Smith has said parental consent would be required for students 15 and under who want to change their names or pronouns at school. Students who are 16 and 17 would not need consent, but their parents would have to be notified.

— With files from The Canadian Press