Hundreds rally at Sask. legislature as debate on school pronoun policy begins
Premier Scott Moe intends to use notwithstanding clause to override courts on controversial policy
Hundreds rallied at the Saskatchewan legislature in Regina as the provincial government prepared to introduce a bill that would invoke the notwithstanding clause and shield the Saskatchewan government's controversial school pronoun policy from court challenges.
The policy would mandate school officials to seek parents' permission if a student under 16 wanted to change their name or pronouns at school.
On Tuesday, duelling rallies were held in the legislature's gardens after fencing was put up around the area directly in front of the legislative building.
The two sides attempted to drown each other out, but the rally against the policy — organized by the Saskatchewan Federation of Labour and the Canadian Civil Liberties Association — was significantly larger and louder.
Eventually members of the Regina Police Service formed a line separating the two groups.
Policy puts kids at risk: demonstrator
Jasper LaClaire attended the protest and spoke as a former trans kid who endured bullying in Saskatchewan schools.
"We know that trans kids exist. We know that it's not a phase. We know how to protect trans kids. We know what neglect does to child development," he said. "And [Premier] Scott Moe introducing this policy and using the notwithstanding clause, he's putting these kids at risk."
LaClaire said trans kids deserve to be supported in schools and that those who frame the topic as parental rights are "choosing not to educate themselves" and "choosing not to understand."
"Kids know more than anybody else what they want for themselves," he said.
Reverend Carla Blakley of the Lakeview United Church said they came to protect the rights of trans kids.
"There's a lot of situations where parents, they're not safe, churches are not safe, and kids can't tell their parents who they are and for those kids, we're standing up for their rights to be protected."
Tonie Wells helped to organize the demonstration in support of the pronoun policy.
The parent said one her children attends Lumsden High School and saw sexual education material that left her feeling concerned. That's why she's welcoming the introduction of a policy that she says will keep her informed.
"We're not saying we hate this community or we hate this side or anything like that. We're just saying 'we're parents,' we have the right to know what going on with our children," Wells said.
Wells said Moe is making the right decision by invoking the notwithstanding policy.
"He's had no choice," she said.
Barbs exchanged in legislature
Inside the legislature, Premier Scott Moe and Official Opposition Leader Carla Beck went back and forth over the legislation.
Moe asked why the NDP did not support parental rights while Beck responded that the premier was "spewing nonsense and has clearly lost the plot."
Speaking with media after Tuesday's sitting, Beck questioned the government's priorities.
She said her party has heard from parents concerned about the size of their children's classrooms and the cost of living.
"We're expected to believe today that this is the most precious pressing issue and this is something that required this government, this premier, to call the legislature back, again, something that hasn't happened for a quarter of a century?" Beck asked.
In a separate media appearance on Tuesday, Moe said his government plans to continue with the legislation and is not deterred by the opposition displayed during the rally.
Moe said his government believe it's important for parents to be informed.
"We fundamentally believe that parents are supportive of their children and there's conversations and there's things that a child and a family might be going through that, quite frankly, teachers and our education folks might not be aware of outside of the school," Moe said.
The path forward
It's likely that Moe's government will get its way and pass the legislation, said Gordon Barnhart, former lieutenant governor and clerk of the Saskatchewan legislature.
Barnhart cautioned that nothing is likely to change overnight. He said it could take at least a week to clear all the legislative hurdles, and that the changes won't necessarily take immediate effect in schools.
"The present government has a majority in the legislature, so that's a given right there, but in terms of any legislation, be it this one or any other piece of legislation, there's a process," Barnhart said.
Last month, a Regina judge placed an injunction on the policy.
The judge said there was no evidence of research or meaningful consultation with parents, students or teachers. The judge said a full court hearing needs to occur before the policy can be implemented.
That hearing was scheduled for November but Moe recalled the legislature early to use the notwithstanding clause to override the court ruling, leading to Tuesday's rallies.
The notwithstanding clause is a provision that allows governments to override certain Charter rights for up to five years when passing legislation.
The clause can only override certain sections of the charter that deal with fundamental freedoms, legal rights and equality rights. It can't be used to override democratic rights. Once invoked, the notwithstanding clause prevents any judicial review of the legislation in question.
On Tuesday, the provincial government issued a notice of introduction for the legislation.
The first reading of the bill was not held this afternoon, as the motion did not receive unanimous support.
The NDP has vowed to oppose the legislation at every step —- even if their only option is to slow its passage.
As a result of the NDP's opposition, the bill will be introduced and have a first reading on Thursday. At that time the legislature and the public will be able to see the actual text of the legislation.
If first reading passes, there must be at least one full day between the second and third readings, as well as committee hearings, according to Barnhardt.
That would take at least a week, even if the government limits debate time at each stage.
"All of that, it's not instantaneous. There's certain periods under the rules. And I stress again that it's not just for this bill. Those are the rules that apply to every bill," Barnhart said.
Government House Leader Jeremy Harrison told media that the legislature could sit on Friday and Saturday as well as Monday to Sunday next week to facilitate the legislation's passage.
If the third reading passes, the bill becomes law, or an "act."
The government could declare the changes take effect immediately. It could also set a future date, or declare that cabinet will have the right to declare a date in the future.
Other experts have noted that opponents could then apply for another injunction against use of the notwithstanding clause, but said Canadian courts have been extremely reluctant to intervene in such matters.
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With files from Jessie Anton