ATA News

Teachers oppose use of constitutional override

A gavel resting on a pride flag

The Alberta Teachers’ Association is concerned that the government is jeopardizing student safety and wellness through its continued interest in anti-inclusion legislation.

The government announced on April 9 that it would apply for intervener status in a court case in Saskatchewan where parent rights legislation is being challenged on constitutional grounds.

Saskatchewan’s Parents’ Bill of Rights, which became law in October, requires parental consent for children under 16 who want to change their names or pronouns at school. The Saskatchewan Court of Appeal recently ruled that the law could be challenged even though it’s protected by Section 33 of the Charter of Rights and Freedoms, the so-called notwithstanding clause.

Earlier this year, Premier Danielle Smith announced that the UCP government would introduce similar legislation in the fall. Then, on April 9, Alberta Justice Minister Mickey Amery said in a statement that the government is now seeking intervener status in the Saskatchewan case because it has the potential to impact parental rights across Canada as well as the application of the notwithstanding clause.

“Saskatchewan and Alberta agree that the ultimate authority figures in children’s lives are their parents, and our provinces are both committed to supporting families and kids so they can work through their child’s unique needs together,” Amery said in a statement released jointly with his Saskatchewan counterpart Bronwyn Eyre.

“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.”

Putting kids at risk

The government’s move raises concerns about its willingness to protect vulnerable young people, said ATA president Jason Schilling in a prepared statement.

“We are worried that laws like [the one] Saskatchewan has passed and Alberta is now proposing put the safety of vulnerable kids at significant risk. These laws inhibit the ability of schools to provide safe, welcoming, caring and respectful learning environments and will have a chilling effect on schools by reducing the opportunities for all students to learn about diverse families and identities,” Schilling said. 

“The use of the notwithstanding clause to override the human rights of vulnerable children is unjust, unreasonable and excessive,” he added.

“Alberta teachers will continue to work respectfully with parents to protect the safety and dignity of students. Teachers also hope our government will reassess its priorities.” ❚