ANALYSIS | Sask. government use of notwithstanding clause, school policy could overshadow fall legislative sitting | CBC News

The Saskatchewan government will set its political agenda for the upcoming year with a throne speech on Oct. 25, but that agenda will likely be overshadowed by this week’s emergency legislative session and the introduction of a controversial new bill.

Next week, Saskatchewan MLAs will spend 40 hours debating amendments to the Education Act introduced on Thursday.

Once passed, the law will require schools to receive consent from parents before using a child’s gender-related preferred name or gender identity if they are under 16.

The bill also says that if a child feels they will suffer physical, emotional or mental harm from the school seeking consent, the principal will direct the child to school support staff to develop a plan to eventually tell their parent.

The government’s bill invokes the notwithstanding clause as it pertains to both certain sections of the Canadian Charter of Rights and Freedoms and the Saskatchewan Human Rights Code. It also includes a section that aims to protect the government, ministry and members from legal action stemming from the new law.

Bill 137 will not follow the regular course through the legislature. Normally, bills are introduced in the fall, debated and eventually passed in the spring. Instead, the government made the unprecedented move to call an emergency session to have the bill introduced and passed in a matter of days.

Protest and personal stories bookend emotional first week

Premier Scott Moe and Education Minister Jeremy Cockrill have maintained that the policy and soon-to-be-law are popular among the public.

This week, they both heard from vocal opposition to their plan. The Opposition NDP has been soliciting personal stories of those who feel affected by the law, and will likely be sharing them for the weeks and months to come.

Hours before the emergency session began, a protest against the new law was held outside the legislature. The speakers all promised to continue to pressure the government and expressed concerns that others’ rights may be threatened in the future. They said the government’s use of the notwithstanding clause is an admission it knows the law will violate children’s rights.

Thursday morning, hours before the bill was introduced, Regina mother Sarah Mackenzie shared the story of her child Bee, who died by suicide in May.

Mackenzie was a guest of the NDP Opposition. Bee was non-binary and struggled with mental health and addictions.

Mackenzie said there is a lack of support in the province’s schools and too few counsellors.

“I think that the government doesn’t want to be held accountable. They’re using this new issue as a smokescreen to divert attention, continuing to divide us as a society so we can’t band together and demand change.”

Both Moe and Cockrill have said the government needed to immediately have its policy turned into a law with the inclusion of the notwithstanding clause, because the public wanted the change and it had been paused by a judge’s decision to grant an injunction.

“I think we all know that as we grow up, as we find out who we are and what our identity is. Having parents involved in those discussions, that’s absolutely important,”  Cockrill said Wednesday. “That’s what this policy is all about. With the judge’s decision to grant the injunction, we feel like it’s important enough to bring it forward into legislation.”

On Thursday, Opposition House Leader Nicole Sarauer spoke in the assembly for two hours against the government’s motion to extend and change hours of debate.  

“The government is trying to ram through this legislation. It’s a really important bill. It’s using the notwithstanding clause to override the charter rights of children. We believe it deserves the scrutiny,” she said.

“At the very least, it should be like any other piece of legislation. There’s no reason why this bill shouldn’t have been introduced in the fall sitting, which would have then resulted in months of scrutiny from the public.”

Sarauer argued that under normal circumstances, the government would hear from the experts it had not consulted with before introducing the policy including teachers, students, psychologists and those in the LGBTQ+ community.

Cockrill said the government has heard from “thousands” of people. He said some are not willing to sign their name in support of the government’s position.

“I wonder why these parents don’t feel comfortable putting their hand up. Because you know what? I think a lot of parents that I’ve spoken with personally in my own community are worried to say something and support this policy because they’re worried about being yelled down as a transphobe, as a homophobe. And that’s not the case,” he said.

Opposition says more pressing issues than naming policy

This week, Opposition Leader Carla Beck began question period by arguing the government’s emergency session is focused on the wrong things.

“This directive came about in nine days after getting 18 emails from people, and only seven of those being from parents. We’re expected to believe today that this is the most precious pressing issue and this is something that required this government, this premier, to call the legislature back again, something that hasn’t happened for a quarter century.”

Beck and her caucus posed questions related to cost-of-living, health care and school infrastructure in addition to asking about the new law.

“Parents are worried. They’re worried about finding health care, they’re worried about their kids not getting the support that they need. They’re very worried about paying their bills,” Beck said.

“But instead of delivering what parents are asking for, this premier has chosen to sow division again. How are parents who want to be fully engaged supposed to do that when so many are struggling just to put food on the table?”

Moe responded, saying his government prioritizes the inclusion of parents in their children’s lives.

“We want to ensure that those avenues are open for continued involvement in their child’s education,” Moe said.

Following question period, Moe said the government is not solely focused on a singular issue.

He pointed to an announcement last week of $90 million toward expanding addiction treatment beds and adding to available shelters and assisted living spaces. 

Moe also mentioned recent school openings and announcements for new school projects, and a commitment to build a parkade at the Regina General Hospital.

“There are a number of priorities, the difference being with respect to the tools available to enact this policy, it does require legislation and does require the notwithstanding clause. We’ve been clear from the beginning we’ll utilize those tools if necessary. Today they’re necessary,” Moe said.