Supreme Court of Canada has granted leave to hear appeals in the constitutional fight over Saskatchewan’s pronoun law, setting the stage for a national test of how far governments can go when they shield legislation with the Charter’s notwithstanding clause. The law, known as Bill 137 or the Parents’ Bill of Rights, requires students under 16 to obtain parental consent before schools use different names or pronouns.The province invoked the notwithstanding clause when it passed the legislation in 2023. .MacLEOD: Alberta’s long history of federal neglect demands action, not more negotiation.That move allows the law to operate despite certain Charter rights, but it doesn’t end court scrutiny. Now Canada’s top court will hear arguments on whether judges can still issue declarations that such a law violates constitutional rights, even while the notwithstanding clause is in force.In August, the Saskatchewan Court of Appeal ruled a legal challenge could proceed and confirmed judges have jurisdiction to consider whether the law limits Charter protections. That decision kept the case alive at the Court of King’s Bench. .Both the provincial government and the challengers sought leave to appeal, and the Supreme Court’s green light means those questions will be heard in Ottawa.At the centre of the case is a clash between parental authority and the rights and safety of “gender-diverse” students. The outcome could ripple beyond Saskatchewan. .OLDCORN: Carney’s reckless spending budget unites a divided opposition.Governments across the country have watched closely as courts consider whether declarations remain available when the notwithstanding clause is used up front. This appeal will answer that, and soon.The Supreme Court is expected to set an expedited schedule for filings and arguments. For now, Bill 137 remains in force in Saskatchewan while the legal fight moves to Canada’s highest court.
