LIVE UPDATES: Sask. Parents’ Bill of Rights battle heads to Court of Appeal
The legal showdown over Saskatchewan’s controversial Parents’ Bill of Rights is set to continue this Monday, as arguments between UR Pride and the provincial government move to the Court of Appeal.
Introduced in August 2023, the Parents' Bill of Rights mandates parental consent for children under 16 who wish to change their names or pronouns at school. Critics, including UR Pride and federally-funded Egale Canada, claim it violates sections of the Canadian Charter of Rights and Freedoms.
In court this morning over Webex for the legal challenge brought by UR Pride against the use of the notwithstanding clause of the Sask Government to appeal-proof the Parents Bill of Rights.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Activists want the Court of Appeal to allow a legal challenge to allow their unfettered…
The Saskatchewan government used the rarely used notwithstanding clause to appeal-proof the law, however, UR Pride is asking the court for the right to challenge the law anyway and open the law up for judicial review.
The group contends that the policy infringes on Sections 7 and 15 of the Charter—security and equality rights, respectively. Additionally, they seek to amend their case to argue that the bill violates Section 12, which protects individuals from cruel and unusual treatment.
The Government of Saskatchewan presents its case first to the five-judge panel, followed by third-party interveners from Alberta and New Brunswick. Both provinces have introduced similar legislation to protect parents' rights and students from secrecy, exposure to sexualized material, and indoctrination in the classroom. In the afternoon, UR Pride will begin presenting its arguments about why sexual activists should have unfettered access to other peoples' children, with the proceedings expected to continue into Tuesday.
The Saskatchewan government has staunchly defended the Parents' Bill of Rights, framing it as essential to parental involvement in their children’s education. “Our government will always protect parents' rights to be involved in their children’s education,” the province stated in an email to CTV News.
Interveners from across Canada, including the British Columbia Civil Liberties Association, Amnesty International, and the Canadian Teachers’ Federation, will also be making submissions, reflecting the national attention this case has drawn and the cultural battleground Canadian classrooms have become.
Follow along below for live updates from the proceedings:
UR Pride is arguing that not using the preferred pronouns of a student, regardless of the consent of the parents, violates the security of the person.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
UR Pride amended their pleadings to ask for the court to declare that the Parent's Bill of Rights violates section 12 of the charter, the provision against cruel and unusual punishment.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
They want this without remedy, which the province argues makes the legal challenge political…
Up now. UR Pride will have the rest of the afternoon and part of tomorrow to argue why it is their right, regardless of the use of the notwithstanding clause, to have access to Saskatchewan's children.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
The Prov of Alberta says there is no need even for the court to rule that the Parents Bill of Rights is unconstitutional (and do so without remedy) as it is constitutional BECAUSE of the invocation of the notwithstanding clause.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Alberta is up next.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
The prov of New Brunswick is making an interesting argument that opening up the use of the notwithstanding clause by the Saskatchewan government to shield the Parents Bill of Rights to judicial scrutiny would put at risk other uses of the clause, particularly for language rights,…
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Up next the province of New Brunswick has 30 minutes to make arguments and support of the Province of Saskatchewan's position that the notwithstanding clause should be upheld to shield the parents bill of rights.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Provinces of Alberta and NB are up after the break to intervene on behalf of Sask.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
UR Pride wants a declaration of unconstitutionality of the Parents Bill of Rights ....without remedy
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
"This is because they want a win politically. They are trying to hold the government to account politically and not judicially and their own materials are littered with it"
Sask gov lawyers are going further, now arguing that this attempt to overturn the Sask Parents Bill of Rights is an abuse of process, applied for "some ulterior purpose" ..."to avoid the actions of the legislature", which is far different than what is laid out in the arguments of…
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
"This [to allow a judicial review of the use of the notwithstanding clause to shield the Sask Parents Bill of Rights to proceed] would apply roles assigned to the legislature to the courts."
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
"It is not the court's role to advise the legislature on how to legislate."
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Sask argues all of this is moot. The notwithstanding clause applies in full. If this challenge to a proper invocation of the clause proceeds, it nullifies section 33 of the Charter.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Sask Gov says "at the end of the day, the originating legislature invokes the notwithstanding law to protect certain values that are outside of the Charter"
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Gov of Sask further argues that lower court Judge Michael Megaw erred when he allowed UR Pride and the rest of Trudeau's sex activist proxies to continue to challenge the Parents Bill of Rights up to the appeals court today, although Sask invoked the notwithstanding clause to…
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Besides Egale and UR Pride, who have incredibly deep pockets thanks to a steady stream of gov and public sector union funding, Sask Parents are also up against these intervenors:
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
British Columbia Civil Liberties Association
The Canadian Civil Liberties Association
The Advocates’…
"Provincial or federal governments can use section 33 when they want to pre-emptively shield a law from judicial invalidation on these specific grounds, or when they want to revive a law that has already been invalidated by a court on these grounds. While an invocation of section…
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Background on section 33, the notwithstanding clause:
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
When the Charter was being drafted, federal and provincial leaders were divided on whether it should contain a notwithstanding clause. For the most part, the clause's proponents (such as the premiers of Saskatchewan and…
All this compelled union dues are helping these sex activists weirdos fight the Saskatchewan Gov in court for access to Saskatchewan children. pic.twitter.com/dvWfX3yVdm
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
And if you're wondering where UR Pride gets all that money to fight the Saskatchewan government in court for unfettered access to other people's kids in the classroom to discuss sexualized materials.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
A lot of it is governmental funding. Again, it's you. pic.twitter.com/t6BLlDZlFF
In case you were wondering where Egale is getting all that money to fight Saskatchewan parents in court so that sexual activists can have access to other people's kids.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
It's you. pic.twitter.com/QTfsrGDGqZ
Sask gov: Jurisdiction and justiciability do not apply, once the notwithstanding clause is invoked. As in, there is nothing for the court to adjudicate.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
I'm paraphrasing: when the voters go to the polls they will have the benefit of being able to evaluate the contentious policy without the intervention of the courts.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
ok, let's get into the arguments. Sask lawyers are beginning.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
They argue the notwithstanding clause maintains accountability within the legislature so that the people can hold the legislature to account for the passing of contentious laws.
AS IN: the people have no recourse…
In the afternoon, UR Pride will begin presenting its arguments about why sexual activists should have unfettered access to other peoples' children, with the proceedings expected to continue into Tuesday.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
The Government of Saskatchewan presents its case first to the five-judge panel, followed by third-party interveners from Alberta and New Brunswick. Both provinces have introduced similar legislation to protect parents' rights and students from secrecy, exposure to sexualized…
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
The sex activist group contends that the Sask Parents Bill of Rights infringes on Sections 7 and 15 of the Charter—security and equality rights, respectively. Additionally, they seek to amend their case to argue that the bill violates Section 12, which protects individuals from…
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Introduced in August 2023, the Parent's Bill of Rights mandates parental consent for children under 16 who wish to change their names or pronouns at school. Critics, including UR Pride and federally-funded Egale Canada, claim it violates sections of the Canadian Charter of Rights…
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
In court this morning over Webex for the legal challenge brought by UR Pride against the use of the notwithstanding clause of the Sask Government to appeal-proof the Parents Bill of Rights.
— Sheila Gunn Reid (@SheilaGunnReid) September 23, 2024
Activists want the Court of Appeal to allow a legal challenge to allow their unfettered…
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Alberta Bureau Chief for Rebel News and host of the weekly The Gunn Show with Sheila Gunn Reid. She's a mother of three, conservative activist, and the author of best-selling books including Stop Notley.