TORONTO — Harini Sivalingam, Director of the Equality Program of the Canadian Civil Liberties Association, made the following statement:
The Canadian Civil Liberties Association was granted leave to intervene at the Saskatchewan Court of Appeal in Saskatchewan v UR Pride.
This case arises from an appeal by the Saskatchewan government of the decision of the Court of King’s Bench. The court determined it is within the powers of the court to declare whether the government’s pronoun laws are unconstitutional and violate Charter rights, even though the notwithstanding clause was invoked.
UR Pride Centre for Sexuality and Gender Diversity of Saskatchewan launched a constitutional challenge of Saskatchewan’s pronoun laws that have a determinantal impact on the rights of trans and gender diverse students in the province. Saskatchewan’s pronoun laws prevent trans and gender diverse students from using their chosen names and pronouns in schools without parental consent.
The CCLA is intervening in this case to prevent the misuse and abuse of the notwithstanding clause. The notwithstanding clause was never intended to be used – and should not be used to weaken or harm legal protections for marginalized and vulnerable communities, such as trans and gender diverse young people.
The CCLA intends to argue that the use of the notwithstanding clause does not prevent the court from being able to review the constitutionality of Saskatchewan’s pronoun laws. In fact, the courts have a duty and role to play as guardians of the constitution, to ensure that the public is made aware that their government has enacted unconstitutional legislation. This is an important check and balance in our democracy to provide curtail information that enhances democracy and public discourse.
The CCLA is grateful to be represented pro bono on this intervention by Dan LeBlanc and Leif Jensen of LeBlanc Jensen.
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
media@ccla.org
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
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