Challenge of Sask. school pronoun law can proceed despite notwithstanding clause, judge rules [Video]

A judge has ruled a court challenge can proceed over the Saskatchewan government’s law requiring parental consent for children under 16 who want to change their names or pronouns at school.

Justice Michael Megaw says the applicant, UR Pride, a 2SLGBTQ+ group in Regina, should still be allowed to make its case surrounding the Charter of Rights and Freedoms even if the Charter’s notwithstanding clause has been invoked.

“UR Pride has recognized the claim here is in somewhat uncharted territory,” Megaw wrote.

“However, that UR Pride has a steep hill to climb in this regard does not mean it should not be given the opportunity to engage in the climb in an effort to illustrate that the incline can be conquered.”

Megaw’s decision allows UR Pride and the government to provide all their evidence and arguments before court. The judge can then decide his next steps.

“We’re relieved that the …