The Canadian Medical Association (CMA) has applied to intervene before the Supreme Court in the landmark case involving Saskatchewan’s law requiring parental consent for students under 16 to change their names or pronouns at school.
Premier Scott Moe’s government enacted the policy in 2023, invoking the notwithstanding clause to override Charter rights after a court injunction blocked it over concerns of harm to vulnerable youth.
CMA President Dr. Margot Burnell stated that while the notwithstanding clause permits temporary Charter overrides, it must not extinguish judicial review. "The clause should not be a tool to end public and legal debate," she said.
The CMA argues that ongoing constitutional scrutiny is vital for transparency, accountability, and evidence-based health policy. A ruling could set precedent for similar legislation in Alberta, where Bill 26 - also shielded by the notwithstanding clause - faces CMA opposition for interfering with medical conscience and care.
The Supreme Court will determine whether courts retain authority to assess Charter violations even when laws remain in force under Section 33.