Toronto, May 13, 2026 – Earlier this month, the Women’s Legal Education and Action Fund (LEAF) was granted leave to intervene in Saskatchewan as represented by the Minister of Education v. UR Pride Centre for Sexuality and Gender Diversity, a case that will determine if courts can decide whether Saskatchewan’s pronoun law – and other discriminatory laws passed using the notwithstanding clause – violates fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms.
In 2023, Saskatchewan passed a law requiring parental consent for school staff to be permitted to refer to a trans or non-binary student under the age of 16 by their proper name and pronouns. When UR Pride Centre for Sexuality and Gender Diversity took the Saskatchewan government to court – arguing that the law violates trans and non-binary students’ rights to life, liberty, and security of the person, and also violates their equality rights – the government used the notwithstanding clause to allow the law to be in effect regardless of whether it violates those rights.
A law passed using the notwithstanding clause cannot be struck down by courts, whether or not it violates our rights. But does using the notwithstanding clause also stop a court from assessing whether the law violates Charter rights and declaring as much in a court ruling?
The Supreme Court will soon be deciding this question, and LEAF will be there to ensure that if a government discriminates against trans and non-binary youth, it has to answer to its discrimination in open court.
LEAF will argue that it is vitally important for courts to be able to declare when a law violates Charter rights. It is essential for our democratic system: when a government uses the notwithstanding clause – as in, when it decides that it doesn’t have to respect our rights – our courts’ hands are tied, and our only recourse is via the ballot box. In these cases, if courts can declare when a government is violating our rights, voters can be better informed when they go to the polls.
A court declaration of rights violations is crucial for the equality of the trans and non-binary youth in Saskatchewan at the centre of this case. “Right now, these youth are being called by the wrong names and pronouns unless and until parental consent is obtained,” says Cee Strauss, Senior Staff Lawyer at LEAF. “Repeatedly using the wrong name or pronouns when addressing someone, especially in front of their peers, is a profoundly distressing experience for that person that can cause lasting harm to their mental health.”
The effect of the law is also to out students to their families, even when they’re not ready or when it may cause them harm.
All of this harm is institutionally sanctioned. When trans and non-binary youth have their chosen names used at home and in school, they experience lower rates of depression and suicidal ideation and attempts. Instead, trans and non-binary youth in Saskatchewan are being told by their government that their lives do not matter.
“If a government openly discriminates against a group of people, having a court publicly recognize that discrimination can help validate the harm experienced by that group,” says Strauss. “This is especially important for trans and non-binary youth, who are often not believed to be credible narrators of their own identities and experiences of discrimination. In these circumstances, it is critical that courts publicly recognize the lived experiences of transgender and non-binary youth.”
LEAF is grateful to be represented pro bono by Morgan Camley, Mélanie Power, Tom Nichini, and Kay Scorer of Dentons Canada LLP.
LEAF’s interventions are guided, informed, and supported by a case committee with expertise in the relevant issues. We are grateful to this intervention’s case committee members (in alphabetical order): Florence Ashley, Natasha Bakht, Jennifer Koshan, Molly Krishtalka, Samuel Singer, and Xue Xu.
For media inquiries, please contact [email protected].
About the Women’s Legal Education and Action Fund (LEAF)
The Women’s Legal Education and Action Fund (LEAF) is a national not-for-profit and charity that works to advance the equality rights of women, girls, trans, and non-binary people in Canada through litigation, law reform, and public legal education. Since 1985, LEAF has intervened in more than 130 cases that have helped shape the Canadian Charter of Rights and Freedoms. To find out more, visit www.leaf.ca.
