Sask. Premier Scott Moe says implementation of school pronoun policy underway

Premier Scott Moe doubled down Wednesday on his government's plan to cement its new pronoun policy in schools, despite concerns that have been raised about the policy and recommendations on tweaks to make to it. 

"School divisions are working through the implementation of policy in our classrooms and schools across the province. Now, we've indicated as a government that is going to be the case moving forward," Moe said, speaking with journalists in Saskatoon.

The policy dictates that students under the age of 16 must get parental consent if they want their chosen name, gender identity and/or gender expression affirmed at school. 

Moe said the policy is meant to be inclusive and that it has received support from parents across the province. But the policy has also faced widespread criticism, including from Lisa Broda, Saskatchewan's advocate for children and youth. 

The advocate reviewed the policy after it was announced in August to assess whether it respected the rights of youth.  She found that trans and non-binary youth under 16 could be harmed by the policy if it's not amended. 

Broda said parental inclusion is important, but that it can be achieved "without imposing such strict rules around consent, which could result in a violation of a young person's rights." 

Policy puts more pressure on support workers

The province has said that students who are worried they won't receive parental consent will see a counsellor or support worker at school, who will work with them until they are ready to approach their caregivers. 

The children's advocate said the policy could put more pressure on existing school supports that are already unable to meet the social and mental health needs of youth.

"It is unclear to our office how the education system will provide sufficient support in situations where a student is negatively affected by this policy," Broda said in a statement. 

She said the government accepted a recommendation from her office last year to increase mental health support in schools, but indicated it would not start that work until 2026.

Moe did not address the advocate's concerns about harm to children, but did acknowledge the concerns about supports.

"I think we look at the Children's Advocate report, you know, with interest with respect to maybe some of the supports that are, that are available for not just children in this situation, but children in general, that may be in a difficult situation," Moe said. "Is there a way for us to have a discussion with the school divisions on ensuring that, that those supports ultimately are in place?"

Judge, Human Rights Commission to review policy

The pronoun policy will be reviewed by the Saskatchewan Human Rights Commission to determine if it complies with the provincial human rights code, which prohibits discrimination and harassment based on gender identity and protects freedom of expression. 

The policy has also been brought before a judge in a Regina courtroom. UR Pride, an organization representing LGBTQ people, has applied for a court injunction to halt the policy, saying it violates students' Charter rights and puts them in harm's way if their caregivers aren't accepting.

The judge said he will release his decision on the matter as soon as possible.

Premier Moe has stated that the province is willing to use the notwithstanding clause, which would allow it to pass laws that override certain Charter Rights, to keep the pronoun policy in place if necessary.