Higgs considers intervening in Saskatchewan’s parental rights court case

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Premier Blaine Higgs says his government may seek intervener status in the dispute over Saskatchewan’s parental rights 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.

It was brought forward by the prairie province last year following New Brunswick’s change in its policy on sexual orientation and gender in schools.

But it’s being challenged before the Saskatchewan Court of Appeal.

Alberta has announced that it’s seeking intervener status in the case in order to support the Saskatchewan government’s policy.

New Brunswick is now contemplating doing the same.

“We are considering it,” Higgs told Brunswick News.

Higgs government Justice Department spokesperson Allan Dearing confirmed that “the Office of the Attorney General is currently reviewing the Saskatchewan court documents.

“No decision has yet been made on a possible intervention in this case,” Dearing said.

In a statement, Alberta said it was seeking intervener status as it agrees with Saskatchewan that “the ultimate authority figures in children’s lives are their parents.”

“Our provinces are both committed to supporting families and kids so they can work through their child’s unique needs together,” continues the statement signed by both Alberta and Saskatchewan’s justice ministers and attorneys general.

“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 also invokes the notwithstanding clause that allows provinces to override some human rights, while also shielding the province from legal challenges.

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.

It argues the law violates several rights of transgender people.

The Saskatchewan government is appealing the decision largely from the stance that the notwithstanding clause gives governments the final word, believing the appeal is an issue of parliamentary sovereignty.

That province says it has written to other provinces for support.

Higgs told Brunswick News that his government is “looking at the pros and cons of doing so, so it is under evaluation whether we will play an intervener role or not.”

Asked what the pros and cons would be, Higgs said it comes down to “what the value of our contribution could be.

“I think there is alignment there and our concern about parents having a role with their kids is pretty basic really,” he said. “It’s quite surprising that it’s anything but basic.”

Higgs is largely being credited within conservative circles for bringing changes to school gender policies to the forefront.

Speaking last week in front of the Canada Strong and Free Network’s annual conference in Ottawa in a fireside-chat style conversation with Andrew Lawton of True North, Lawton said other premiers have followed Higgs amid pressure to do so.

“You were the first one,” Lawton said.

Higgs said he didn’t attempt to start a national debate.

“No, that wasn’t the discussion,” he said. “When my wife and I both talked about this…we both realized this could be the issue that either continues us in government or takes us out.

“But we were both prepared to say ‘fair enough.’”

He later added: “I will do what I think is correct, I will voice my opinion in a very respectful, mannerful way to improve what I believe needs to be improved.”