New interveners emerge in Sask. govt’s appeal of pronoun law challenge

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A trio of organizations has announced a joint application to intervene in the Court of Appeal case over Saskatchewan’s pronoun consent law.

Provincial representatives from the Canadian Union of Public Employees (CUPE), Saskatchewan Federation of Labour (SFL) and Canadian Teachers’ Federation (CTF) voiced concerns over the speed with which Bill 137 was passed and that the legislation “inflicts harm on youth,” in a news release issued Monday morning.

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“We’ve been watching it closely because of its impact on our members that work in Saskatchewan’s education system,” said CUPE president Kent Peterson in an interview Monday. “Once it was in the Court of Appeal, we considered more closely if there was a unique perspective we could offer on the case that maybe isn’t already being covered.”

Peterson said the joint application was filed before the deadline on Friday of last week.

“It isn’t decided at this point whether or not we will be able to intervene, but we’re hopeful,” added Peterson.

With three organizations offering different perspectives on how Bill 137 impacts workers, Peterson says the courts “ought to give us some standing.”

Bill 137 hasn’t sat well with many, from the time it was first introduced as a policy to when the government invoked the notwithstanding clause in order to pass it as law regardless of whether it violates constitutional rights.

SFL president Lori Johb says that, over the last several years, she’s seen the notwithstanding clause used against unionized workers more than any other group.

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“It’s something we’re really concerned about,” she said in an interview Monday. “It’s like a new, different way to bypass workers’ rights.”

In 2022, the Government of Ontario threatened to use the notwithstanding clause on a bill that would have imposed contracts on education workers and banned them from going on strike, Johb noted, but the province reversed course following labour protests.

In 2015, the SFL and several other organizations challenged the Government of Saskatchewan’s Public Service Essential Services Act that restricted the strike ability of public sector employees who perform essential services, she added. The Supreme Court ruled that employees have the right to participate in strike action because it is protected under the Canadian Charter of Rights and Freedoms.

“It’s important that we’re part of the process. We want to make sure that our voices are heard,” said Johb, who added that it was “disappointing” when Bill 137 was enacted before going through the court process, and that it “might have been a different situation” if it had.

The Parents’ Bill of Rights (Bill 137) was passed in Saskatchewan last October and requires students under 16 to obtain parental or guardian consent for school staff to “use the pupil’s new gender-related preferred name or gender identity.”

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The notwithstanding clause was invoked so the law would stand even if it violates sections 2, 7 and 15 of the Charter.

On Feb. 16, Court of King’s Bench Justice Michael Megaw announced his decision to allow UR Pride Centre for Sexuality and Gender Diversity to alter legal action that began in August 2023. As a result, the organization is able to target the new law instead of the policy which preceded it, and to add a challenge that the law violates Section 12 of the Charter, which protects Canadians against cruel and unusual treatment or punishment.

The ruling also means that the litigation may proceed to arguments, rejecting the provincial government’s claim that it is now “moot” as the policy was rescinded with the introduction of the bill.

The government announced its intention to file an appeal against Megaw’s decision in February, halting arguments. Since then, the governments of Alberta and New Brunswick have applied for intervener status in the appeal case in support of the Saskatchewan government.

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“As we have always stated, our government will use all tools necessary to protect parental rights when it comes to their children’s education,” read a statement from the Ministry of Education provided Monday afternoon. “This includes defending The Education (Parents’ Bill of Rights) Amendment Act, 2023, now sections 197.1 to 197.4 of The Education Act, 1995, from any court challenges.”

The Canadian Civil Liberties Association has also applied for intervener status in support of UR Pride’s position. Interveners will be determined by the Court of Appeal later this month, with the appeal scheduled to be heard on Sept. 23, 2024.

“We support the advocacy of the Canadian Teachers’ Federation on an issue that deeply affects our profession. Saskatchewan teachers are committed to ensuring safe and welcoming learning environments,” stated Saskatchewan Teachers’ Federation (STF) president Samantha Becotte in the release.

“Teachers must be able to exercise professional judgement and autonomy in supporting students and working with parents to help youth appropriately navigate challenges in their lives.”

AnAmato@Postmedia.com

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