Law professors, human rights commissioner tell Sask. government to shelve Parents' Bill of Rights

The Saskatchewan Human Rights Commission is calling the government's Parents' Bill of Rights disappointing and polarizing, and a group of law professors is echoing that concern.

Just like the human rights commissioner who resigned this week, the commission is again calling on the government to shelve the legislation.

In a news release issued Thursday morning, it said the government should work with the commission to find a "middle ground."

It urged the government to "slow down and reconsider the legislation and the effect that it may have on vulnerable youth in our province. It is never too late for sober second thought."

It said meaningful consultation with all parties is necessary before proceeding. The commission is willing to help the government make an informed decision.

"People on both sides of the debate look to protect children. The disagreement lies in how best to do that," read the statement.

Human Rights Commissioner Heather Kuttai resigned this week in protest of the bill. Kuttai is a former Paralympian and award-winning human rights advocate who had held the position for nearly 10 years.

Interim commissioner Barry Wilcox said in a statement Wednesday that it was unfortunate to lose Kuttai "but I understand and have great respect for her decision. It takes true strength and determination to take such definitive action.

"Her commitment to human rights and advocacy for social justice can never be questioned. Her efforts have helped improve our communities and made this province a better place. Both she and her family are true champions for human rights in Saskatchewan."

Earlier this fall, the government enacted a policy that would make it mandatory for school officials to seek parents' permission if a student wishes to change their name or gender identity at school. A judge had ordered the policy be paused, saying there's no evidence the government did any meaningful consultation with teachers, students or parents.

Following that, the government introduced the Parents' Bill of Rights. It would include the notwithstanding clause and reinstitute the parental permission policy. If the clause is passed by the legislature, it would override any current or future court decisions for up to five years. Debate continued Thursday at the legislature on the bill.

Government 'acting in haste': law profs

Wilcox isn't the only one expressing concerns this week. Some of the top legal minds at the University of Saskatchewan's faculty of law also want the government to press pause.

Fourteen professors and instructors signed a letter addressed to Premier Scott Moe and Education Minister Jeremy Cockrill.

They're concerned about "the government's pre-emptive use of the notwithstanding clause in Bill 137." They say this use of the clause is outside of the normal legal process and should only be used "in the most unusual and urgent of circumstances."

The law professors noted that the Court of King's Bench judge who issued an injunction on the policy said it could cause irreparable harm.

The writers said the government is "knowingly overriding the constitutional rights of its citizens" and "acting in haste." They urged the government to allow the normal legal process to take its course.

Speaking at the legislature Thursday afternoon, Justice Minister Bronwyn Eyre defended the government's use of the clause.

"It is a legislative tool. That means a government which brings forward policy and uses the notwithstanding clause, that they will then, that government will be judged on that policy, and we are willing to be judged on that policy. It is a legislative tool," she said.

Moe has said parents should be involved in major decisions for their children, and he'll use all available tools to ensure that happens.