Regina, October 12, 2023 | 980 CJME – After some initial procedural hurdles earlier this week, the Saskatchewan Party has officially unveiled the “Parents‘ Bill of Rights” in the Saskatchewan Legislature. This landmark piece of legislation, introduced in response to a judicial injunction, seeks to outline parental rights concerning their children’s education and invokes the Charter’s notwithstanding clause to require parental consent for any changes in a child’s gender identification within the school system.
The decision to employ the notwithstanding clause stemmed from a court-issued injunction that expressed concerns over potential harm to vulnerable children due to the policy. Justice Michael Megaw, the presiding judge, deemed it necessary to block the policy temporarily pending the outcome of an ongoing lawsuit. In response to this, Premier Scott Moe promptly announced his intent to use the notwithstanding clause to ensure the policy’s implementation.
Education Minister Jeremy Cockrill, addressing the media in Regina, emphasized the government’s commitment to the bill, highlighting that it is rooted in safeguarding parental involvement in their child’s education. “It’s about enshrining the right of parents to be involved in their child’s education,” said Cockrill.
The “Parents’ Bill of Rights” utilizes the notwithstanding clause for the Charter of Rights and Freedoms and includes provisions to override the Saskatchewan Human Rights Code. It also features sections designed to shield the government, Members of the Legislative Assembly (MLAs), and school boards from potential legal challenges resulting from the policy.
NDP Education critic Matt Love, however, criticized the bill for prioritizing self-protection over children’s rights, stating, “It’s an indication that they know this policy will harm children, and they’re more interested in protecting themselves.”
The bill outlines various parental rights concerning their children’s education, such as the right to make primary decisions, stay informed about attendance and academic progress, and consult with teachers and school staff. Regarding gender identity, parents must provide consent for students under 16 before the school employs a new gender-related preferred name or identity.
The legislation also requires the provision of support for students who may not be comfortable disclosing their gender identity to their parents. Cockrill mentioned the government’s ongoing investments in schools and mental health support in the community to address these concerns.
According to Love, there is a deficit in school supports, and the data suggests that these supports are decreasing.
The bill also introduces new parental rights regarding sex education, providing parents with the right to receive advance notice of sexual health content and dates of presentation. Students can be withdrawn from sex education lessons if their parents or guardians submit written notice to the school’s principal.
Other parental rights contained in the proposed legislation include the ability to excuse a student from the opening exercises, the right to be consulted before dental or medical exams or treatments at school, and the right to serve on the school’s community council. Parents will also gain access to their child’s school file, information about school discipline policies, and notifications of any disciplinary or investigative actions involving their child or attendance issues.
Notably, the bill does not address the government’s previous announcement of a pause on third-party presentations in sex education classes. Cockrill clarified that this matter would be dealt with through regulations rather than legislation.
Regarding enforcement, the bill does not outline specific penalties for schools or teachers failing to adhere to the law. Cockrill noted that school divisions are expected to develop their own implementation policies.
While the bill was introduced on Thursday, debates are scheduled to begin no earlier than Monday. The government had attempted to extend the sitting schedule to 14-hour days, including Friday and Saturday, but an NDP filibuster successfully prevented the motion’s passage. The NDP expressed concerns about the hasty nature of the policy’s approval.
The Saskatchewan government’s push for increased parental rights and the use of the notwithstanding clause has sparked opposition in the form of rallies and scrutiny from the Saskatchewan NDP. The official opposition has pledged to subject the legislation to rigorous examination, given the potential impact on human rights and charter rights. To accommodate this, the government has agreed to double the usual debate time to 40 hours rather than 20.
