Sask. government to forge on with school pronoun policy despite advocate for children, youth recommendations

The Saskatchewan government plans to implement its new school pronoun policy, despite the province's advocate for children and youth having recommended it make several changes to better respect and protect students.

The province "remains committed to protecting the right of parents to be involved in their children's education and to implementation of the Parental Inclusion and Consent policy," a spokesperson for the Ministry of Education told CBC News in an emailed statement.

The policy would force schools to get parental consent before using a student's preferred name and pronouns, if the student was younger than 16. Schools would not need permission for students 16 or older.

Lisa Broda, the advocate for children and youth, committed to reviewing the policy shortly after it was announced last month, alleging she was not consulted in its creation. Her review was released late Friday afternoon. 

The policy has proven divisive. It has come under harsh public scrutiny and sparked protests, although Angus Reid polling suggests most Saskatchewan residents want parents to be notified, and that half want parents to have to be informed and give permission.

A court action was filed by an advocacy group against the government in the Court of King's Bench, arguing the pronoun policy infringes on the Charter of Rights and Freedoms.

In light of the lawsuit, Premier Scott Moe previously said his government would take the extra step to have the policy enshrined in legislation that would be tabled during the fall session. This week, Moe said the government is willing to use tools at its disposal to make that happen, invoking the charter's notwithstanding clause, which allows the government to override some charter rights to pass legislation.

The override can last for up to five years, but the government can re-enact them.

Broda's review was to assess whether the pronoun policy — and its development — respect the rights of children and youth, according to the document.

Broda, who was unavailable for further comment Friday, made two recommendations.

The review says she supports the government wanting to better involve parents and guardians, but its "reliance on a broad commitment to 'parental rights' on its own, does not override the rights of the child."

Broda recommended changes the policy so it follows the charter right to gender identity and expression, and that it defines gender expression, respects a student's decision based on their capacity instead of their age and includes a requirement to investigate complaints of misgendering.

The policy should also offer continued support to students who wish to involve their parents, but shouldn't force parental involvement if for students "with capacity," the review says.

Implied refusal to use the preferred name and pronouns of a student under 16, without parental consent and determining that student's capacity to consent for themselves, discriminates against that person because it violates their rights to gender identity and expression, the review says.