Saskatchewan pronoun policy doesn’t do enough to mitigate harms, say legal professors

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The policy seems to ignore family and child protection law, saying the guiding principle is to do what’s in the best interest of the child, says Robert Leckey, who teaches family law and is the dean at the faculty of law at McGill University

People hold signs while attending rally against the Saskatchewan government's proposed legislation on pronoun policy in front of Saskatchewan legislature in Regina, on Oct. 10.Saskatchewan legislation that requires parental consent when children under 16 change their names or pronouns at school fails to ensure gender-diverse youth aren’t harmed, say two legal professors.

The legislation says if it’s believed a student would be harmed because of the pronoun consent requirement, the school’s principal is to direct the student to a counsellor. The counsellor would then develop a plan with the student to help them make a request to their parent to receive consent. “A harmful and dangerous policy has not somehow been saved by the exception,” Leckey said. “I think it’s narrow, and so I don’t think the policy adequately takes account of the risks to children here.”

Education Minister Jeremy Cockrill told reporters last week the policy has strong support from the majority of Saskatchewan residents and parents.“If there’s perceived or potential harm … there’s an explicit expectation on school staff to make sure that supports are provided, whether that’s in the school context or referring to a community organization,” he said.

 

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