A legal fight over Saskatchewan’s controversial Parents Bill of Rights can move forward.
In a 4–1 ruling, the Saskatchewan Court of Appeal said a challenge against the law can proceed.
The policy requires schools to obtain parental permission before changing the name or gender a student under 16 uses in class.
It also requires parents to be told about sexual health education and allows them to remove their child from those lessons.
The LGBTQ+ group UR Pride launched the challenge, arguing the policy causes serious harm and breaches constitutional rights.
The Appeal Court stressed its ruling is narrow.
It only decides that the case can be heard, not whether the law violates the Charter.
In a statement, the Saskatchewan government said it is “reviewing the decision to determine next steps,” and would not comment further while the matter remains before the courts.
It said it “will always protect parents’ rights,” pointing out it introduced Bill 137 The Parents Bill of Rights, and used the notwithstanding clause to enshrine it into law.
The government added the law remains in effect, that parents must be involved in important decisions about their children, and that school divisions have been asked to disclose their policies while parents are encouraged to engage with school boards to ensure those policies reflect community values.
Sask NDP Justice Critic Nicole Sarauer, Human Rights Critic Jacqueline Roy, and 2SLGBTQ Affairs Critic Nathaniel Teed called the ruling “another legal defeat” for the government.
They said the Sask Party has wasted “thousands and thousands” of tax dollars fighting the case and urged it to repeal Bill 137 and focus on healthcare, crime, and affordability, rather than a policy a lower court said would cause “irreparable harm” to vulnerable youth.
Egale Canada, an intervenor supporting the challenge, said it was pleased the Appeal Court dismissed most of the government’s appeal and upheld the lower court’s decision letting UR Pride’s case proceed.
The ruling “upholds the rule of law” and the courts role in reviewing government action, the group said.
Citing expert evidence at the Court of King’s Bench, Egale said the policy would cause irreparable harm to vulnerable young people, and criticized the government for “doubling down” by invoking the notwithstanding clause to limit youths constitutional rights.
Egale urged the province to end its defence and create safe, welcoming schools.
Despite the loss, the Saskatchewan government will keep fighting.
Former justice minister Bronwyn Eyre has said the province would go to the Supreme Court of Canada if needed and would not hesitate to use the notwithstanding clause again.
The law, passed in October 2023, amended the Education Act and remains in effect while the case proceeds.
