NUPGE welcomes court decision on human rights for gender-diverse and transgender youth

Pride flags, including flag for transgender people

February 23 2024

The National Union of Public and General Employees (NUPGE) welcomes the court ruling allowing the challenge to the Saskatchewan government’s legislation on gender identity and pronouns to proceed.

Court of King’s Bench Justice Michael Megaw delivered a decision on February 16 indicating that, despite the use of the notwithstanding clause to override protected rights under the Canadian Charter of Rights and Freedoms, the UR Pride Centre for Sexuality and Gender Diversity (UR Pride) is allowed to proceed with its litigation.

The National Union of Public and General Employees (NUPGE) welcomes the court ruling allowing the challenge to the Saskatchewan government’s legislation on gender identity and pronouns to proceed.

Court of King’s Bench Justice Michael Megaw delivered a decision on February 16 indicating that, despite the use of the notwithstanding clause to override protected rights under the Canadian Charter of Rights and Freedoms, the UR Pride Centre for Sexuality and Gender Diversity (UR Pride) is allowed to proceed with its litigation.

“Megaw’s decision protects our democratic and legal systems—the very systems that the Premier sought to bypass by pre-emptively invoking the notwithstanding clause before the legal challenge to the legislation could run its course,” said Bert Blundon, President of NUPGE.

This is the first time a Superior Court in Canada has ever decided that it may issue a declaration with respect to an alleged Charter breach. This challenges the long-held assumption that provinces invoking the notwithstanding clause puts an end to litigation.

“Our hope is that the Charter of Rights and Freedoms, which includes the human rights of gender-diverse and transgender youth, will continue to be respected in Saskatchewan. Governments across the country must realize that violating the Charter by prematurely invoking the notwithstanding clause will continue to be met with firm opposition. NUPGE remains committed to using our voice and resources to fight for the rights and freedoms of all people,” said Blundon.