Alberta seeks intervener status in Sask. court case over controversial pronoun policy

The Government of Alberta says it will throw its support behind the Saskatchewan government's dispute over its student pronoun policy.

The Saskatchewan government's Parents' Bill of Rights requires parental consent for children under 16 who want to change their names or pronouns at school.

In a statement on Tuesday, which included Mickey Amery, Alberta's minister of justice and attorney general and Bronwyn Eyre, Saskatchewan's minister of justice and attorney general, Alberta said it was seeking intervener status in the Parents' Bill of Rights case before the Saskatchewan Court of Appeal.

"Saskatchewan and Alberta agree that the ultimate authority figures in children's lives are their parents, and our provinces are both committed to supporting families and kids so they can work through their child's unique needs together," said Amery and Eyre in the statement.

"Notifying parents and requiring their consent before a child's name or pronouns can be changed in schools and before classroom discussions about gender identity and other sensitive subjects occur ensures the parent-child relationship is respected and paramount."

Saskatchewan's Parents' Bill of Rights became law in October. It's protected by Section 33 of the Constitution, also known as the notwithstanding clause — a tool which allows provinces to override some human rights. 

But earlier this year, a Regina Court of King's Bench judge decided a constitutional challenge from UR Pride Centre for Sexuality and Gender Diversity could proceed. Those who oppose the law say it violates several rights of gender diverse people.

The Saskatchewan government says it's appealing the decision to allow the challenge — essentially trying to block it.

"This is really an issue of parliamentary sovereignty," Eyre said.

"There is a very important, you know, constitutional issue at play here about whether the notwithstanding clause is the final word when a legislature invokes it. And that's one I think that certainly Alberta is interested now in pursuing constitutionally at the Court of Appeal."

Eyre said she's written to other provinces for support.

In Tuesday's statement, Alberta said it intends to show that Saskatchewan's use of Section 33 of the Charter of Rights and Freedoms should have prevented the Court of King's Bench from reviewing the constitutionality of the Parents' Bill of Rights.

Alberta said this case has the potential to not only impact parental rights across Canada, but also the application of the parliamentary supremacy clause, "which has been an integral piece of the Canadian Charter of Rights and Freedoms and the Constitution of Canada since 1982."

Eagle Canada, the law firm representing UR Pride, said in a statement it will respond to Alberta's motion to intervene once it's received.