SASKATOON - Premier Scott Moe plans to keep moving ahead with implementing the government's parental rights legislation, even after the Court of Appeal has allowed a court challenge to proceed.
The Saskatchewan Court of Appeal has allowed the challenge by UR Pride to Bill 137, the school “pronouns” legislation, to continue in King’s Bench court. They denied in part the government’s appeal of an earlier King’s Bench decision.
The government has contended that the legislation, which required schools to seek the consent of parents for name changes for those under 16, was covered by its use of the notwithstanding clause of the Constitution.
In speaking to reporters in Saskatoon, Moe did not say whether the government planned to appeal Monday’s Court of Appeal ruling. Instead, he pointed to another case currently before the courts on Quebec’s Bill 21.
In that case, the notwithstanding clause was invoked by Quebec to prohibit the wearing of religious symbols at work by certain public sector employees.
“And so that case is before the Supreme Court of Canada,” Moe said. “I would say that that's where it's going to be decided on whether courts can look at or rule on a piece of legislation that is being protected by the notwithstanding clause.”
As for their own parental rights legislation, Moe reiterated that “it is the government's position that parents do have a right to be involved in their children's education, the classes they choose, the decisions that they're making.”
“Second to that, we have asked the school divisions who operate and provide policy and procedures within the very schools in our communities across this province to work with parents and to work with families to come up with policies that are acceptable and supported by the very families that they represent.”
Moe said that work is “undergoing as we speak, and we look forward to where the school divisions are going to find not only that consultation process, but the implementation of the policies that are really being developed, I would hope, with the consultation of the families and parents they represent.”
When asked whether he was putting parents’ rights over students’ rights, Moe said it is “not about putting anyone's rights over the other.”
“But it is parents that very much are there to support their kids, and we feel that they should be made aware of, for example, the classes that they're choosing to attend in school up until a certain age. That is the belief of this government.
“However, as I said, what we've asked the school divisions to do is to consult with parents specifically to the policy that is going to operate within their school.”
With files from Jon Perez
