Canadian Union of Public Employees (CUPE) Saskatchewan, the Saskatchewan Federation of Labour (SFL) and the Canadian Teachers’ Federation (CTF) announced their intention on Monday, July 15 to intervene in a case currently before the Saskatchewan Court of Appeals.
The case was brought by the University of Regina (UR) pride centre for sexuality and diversity against the government of Saskatchewan after the passage of Bill 137 late last year.
The Bill, officially titled An Act to amend The Education Act, 1995 respecting parental rights requires that parents be notified if their child requests for their correct pronouns to be used in school if they are under the age of 17.
Saskatchewan premier Scott Moe invoked the Canadian Constitution’s notwithstanding clause, which allows for laws to be passed that would otherwise violate the Canadian Charter of Rights and Freedoms.
Earlier this year in February, a Saskatchewan Superior Court judge ruled against the province’s motion to dismiss the case, a decision the province has chosen to appeal.
Protecting the rights of students and teachers
CUPE Saskatchewan, SFL and CTF are stating that they are speaking up to protect the rights of their students as well as the rights of their union members.
“I wish I didn’t have to say this, but CUPE has filed to intervene in the Court of Appeal case regarding Bill 137 — to help protect the Charter rights of Saskatchewan children and workers. It shouldn’t have to come to this, but unfortunately here we are,” said Kent Peterson, CUPE Saskatchewan president in a joint statement from the three unions.
The unions are arguing that Bill 137 is compelling their members to intentionally inflict harm on their students by requiring them to use their incorrect pronouns.
“We support the advocacy of the Canadian Teachers’ Federation on an issue that deeply affects our profession. Saskatchewan teachers are committed to ensuring safe and welcoming learning environments. Teachers must be able to exercise professional judgement and autonomy in supporting students and working with parents to help youth appropriately navigate challenges in their lives,” said Samatha Becotte, Saskatchewan Teachers’ Federation president in the unions’ joint statement.
An article published last year by the US government’s National Institute of Health explains that using a transgender person’s correct pronouns drastically reduced their risk of suicide. The article reads:
“Misgendering and deadnaming can even expose them to anti-trans violence and unsafe experiences. Several studies show that when you use someone’s correct pronouns and name, it drastically decreases that person’s thoughts of suicide, depression, and anxiety. This is especially true for transgender youth.”
READ MORE: In Alberta’s new war on trans people, children will suffer
Not only Saskatchewan youth at risk
Saskatchewan is not the only province who has put forward legislation to restrict the rights of transgender youth. Last year, New Brunswick became the first province to require parental permission for a young person to use their correct pronouns in schools.
Alberta went even further earlier this year when not only did they begin to require students to get parental permission to use their correct pronouns in schools, but it also restricted access to gender affirming care.
Critics of these policies point out that trans students might not be ready to come out to their parents and may not even feel safe doing so.
Unions are not the only ones who have sought intervener status in this case, both the provincial governments of Alberta and News Brunswick have applied to be intervenors as well on the side of Saskatchewan.
The Saskatchewan Court of Appeals will determine the eligibility of the intervener applications later this summer, with the appeal itself scheduled to be heard September 23, 2024.
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