Sask. judge grants injunction over name, pronoun policy

A Saskatchewan judge has granted an injunction over a government policy that requires parental consent when children under 16 want to go by different names and pronouns at school.

The provincial government recently implemented changes which it says promote parental rights and consent in education.

The decision by Court of King’s Bench Justice Michael Megaw stops the policy for now.

In his written decision, Megaw said, “I determine the protection of these youth surpasses that interest expressed by the Government, pending a full and complete hearing into the constitutionality of this Policy.

“I find this to be one of those clear cases where injunctive relief is necessary to attempt to prevent the irreparable harm referred to, pending a full hearing of this matter on its merits.”

The University of Regina-based 2SLGBTQI non-profit UR Pride Centre for Sexuality and Gender Diversity and national advocacy organization Egale Canada are behind the legal action. 

“The policy does not appear to have been the result of any meaningful consultation or grounded in any good quality evidence about the best interests of students … the policy will cause devastating and irreparable harm to gender diverse students under 16 years old who do not feel safe coming out at home,” Egale wrote in a letter to the province’s new minister of education, Jeremy Cockrill.

The letter describes the policy as “wrong” and “repugnant to the laws of Saskatchewan and of Canada.” 

“An injunction is urgently necessary to prevent imminent, significant, and irreparable harm to gender-diverse young people in Saskatchewan.”

The province’s lawyers say the policy has been misinterpreted.

In an emailed statement sent over the noon hour Thursday, the province wrote “Our government is reviewing today’s decision to grant an interim injunction to pause the Parental Inclusion and Consent policy — a policy that has the strong support of a majority of Saskatchewan people, in particular, Saskatchewan parents.

“Our government remains fully committed to this policy and to protecting parents’ rights. We are concerned about the uncertainty this ruling creates and are considering all options to remove that uncertainty and ensure this policy is implemented.”

Last week, rallies in favour of Saskatchewan’s new pronoun policy were met with equally large counterprotests.

Arguments are expected to be heard later this fall on a challenge of the policy.

With files from the Canadian Press