Alberta seeks intervener status in Sask. court case over controversial pronoun policy

Laura Sciarpelletti · CBC News

· Posted: Apr 09, 2024 8:46 PM EDT | Last Updated: 26 minutes ago

The Government of Alberta says it intends to join the Saskatchewan government's court dispute over its pronoun policy — which has evoked passionate, divisive public responses in the last several months.

The Saskatchewan government's law requires parental consent for children under 16 who want to change their names or pronouns at school.

In a statement on Tuesday, which included Alberta Minister of Justice and Attorney General Mickey Amery and Saskatchewan Minister of Justice and Attorney General Bronwyn Eyre, Alberta said 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," said Amery and Eyre 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."

This announcement is the latest development in the pronoun policy chain of events. The province first announced the policy without legislation in August 2023. The UR Pride Centre for Sexuality and Gender Diversity challenged the constitutionality of that initial policy with legal action in September 2023.

After a Court of King's Bench judge granted a temporary injunction that halted the policy in 2023 until a full hearing could be held, the government convened an emergency session of the legislature in October 2023 and introduced legislation that invokes the nothwithstanding clause to override sections of the Canadian Charter of Rights and Freedoms and the Saskatchewan Human Rights Code. 

In February 2024, a Court of King's Bench justice ruled that UR Pride's court challenge can proceed.

In Tuesday's statement, Alberta said it intends 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.

Alberta said 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."

Children's rights

Erye told reporters Tuesday afternoon at the legislature that she is pleased to have Alberta's support.

"This is really an issue of parliamentary sovereignty," Eyre said.

"There is a very important, you know, constitutional issue at play here about whether the notwithstanding clause is the final word when a legislature invokes it. And that's one I think that certainly Alberta is interested now in pursuing constitutionally at the Court of Appeal, and we hope other provinces as well."

Nicole Sarauer, Saskatchewan's Opposition critic for justice and attorney general, told reporters that the province should be focusing on other things like the cost of living and health care.

"The fact that the minister is walking out and parading this a big announcement, a big accomplishment, is a perfect example of how incredibly out of touch this government has become," Sarauer said.

However, she said she's not surprised the Saskatchewan government is glad to have Alberta onboard.

"This government clearly does not want to have a judge tell them what we already know, that what they have done — infringing on the rights of vulnerable children — is a Charter violation," said Sarauer. 

In September 2023, Saskatchewan's children and youth advocate said children have a right to non-discrimination on the basis of gender identity. And in October, a Saskatchewan human rights commissioner resigned, calling the province's new pronoun policy "an attack" on gender-diverse children. 

Meanwhile, Alberta has promised to enact similar changes concerning pronouns to its education policy in fall 2024, along with surgery policies.

Alberta parents will need to give permission before a student aged 15 and under can use a name or pronoun at school other than what they were given at birth, according to Alberta Premier Danielle Smith.

Students who are 16 or 17 won't require permission but schools will need to inform their parents.