Sask. human rights commissioner resigns over pronoun policy

A member of the Saskatchewan Human Rights Commission has resigned, citing the provincial government’s proposed pronoun policy.

In an email to Premier Scott Moe, Heather Kuttai said her decision to resign as one of the organization’s six commissioners — which is effective immediately — “did not come lightly.”

“I strongly disagree with the proposed legislation that requires teachers to seek parental permission to change a child’s name and/or pronouns when they are at school,” Kuttai wrote. “This is an attack on the rights of trans, non-binary, and gender diverse children, which, contrary to what is being reported, is actually a very small number of kids.”

Kuttai, who was appointed to the commission in 2014, said she believed the commission was designed to uphold individual rights. She suggested the proposed legislation doesn’t provide that protection for children.

“A child’s rights must always take precedence over a parent’s obligations and responsibilities,” she wrote. “Removing a child’s rights, in the name of ‘parental rights’ is fundamentally anti-trans and harmful.

“This is something I cannot be a part of, and I will not be associated with a provincial government that takes away the rights of children, especially vulnerable children.”

Since the changes were proposed, some people have protested against the policies, while others have rallied in support of the changes.

In September, a statement from Dr. Lisa Broda, the Saskatchewan Advocate for Children & Youth, said the policies were discriminatory. Moe responded to those comments shortly after Broda’s statement was issued.

“The children’s advocate also identified that parents are a critical piece in a child’s upbringing, and they need to be involved in their child’s education,” Moe said. “When we have parents involved in our children’s education, it makes for a much responsive education system and, I would say, in general, a much more successful education system, too.”

Kuttai noted that 2SLGBTQ+ youth are extremely vulnerable, pointing to statistics that show they face a higher risk of abuse and violence as well as mental health concerns. In this case, she said, teachers are being put in a position to out the child and expose them to mental health issues.

“I can’t understand why you and your government would want to be responsible for a system that brings harm to children,” Kuttai wrote.

“Requiring teachers to not use a child’s chosen name or pronoun turns teachers into bullies that cause psychological harm, and schools into an unsafe place.”

Kuttai added her son is trans and the support he received at school has helped him thrive.

“The suggestion that children will receive all the counselling and guidance they need in schools is not realistic,” Kuttai wrote. “Not only are already there no extra resources for 2SLGBTQ+ youth, but there are also not enough resources for kids with learning or reading disabilities, or those who require testing and counselling.

“There are not enough educational assistants, class sizes are too big, and there are fewer and fewer supports for our province’s teachers. Trans, non-binary, and gender diverse kids do not have a prayer of getting all the help they need and deserve.”

Moe has vowed to use the notwithstanding clause to ensure the new policies remain unchanged and Kuttai said if the legislation passes, “Saskatchewan will no longer be a place that takes care of all its kids.”

“This will be the only province in Canada where the rights of 2SLGBTQ+ children are not the same as other children in this or any other province,” she wrote.

She concluded her resignation letter by suggesting the legislation will strengthen her own resolve.

“I cannot tell you the depth of my disappointment in the government I have worked for and supported for the last nine years, but I promise you that my efforts as a community builder and activist will only become stronger because of this enormous letdown,” she wrote.

Government moving ahead

Education Minister Jeremy Cockrill heard about the commissioner’s resignation when media asked him about it, but he responded that he’s still comfortable with the pronoun legislation.

“We’ve heard from many Saskatchewan individuals — parents, grandparents, families (and) even educators — that are supportive of this direction (and) are supportive of parents’ right to be involved being protected in legislation,” said Cockrill.

Justice Minister Bronwyn Eyre said she’s sorry to hear about the resignation and thanked Kuttai for her good work as a commissioner in the past.

“There are different views on this policy and, certainly, we see that the reason that we’re here is for clarity, to provide clarity to parents and to prevent drift and to prevent delay,” said Eyre.

Eyre also talked about the government having heard from thousands of parents who are in support of the legislation.

“Not everyone will agree with that and I’m sorry to hear that (Kuttai) doesn’t,” she said.

Eyre said government is still going to continue on with the policy.

Meanwhile, the Opposition Sask. NDP is applauding the commissioner.

“I want to commend her for her courage, for her remarks and I would call upon the government to pause and listen to what is going on here. It’s time for sober second thought, it’s time for them to pull away from their agenda to ram through this bill as quickly as possible,” said NDP leader Carla Beck.

Beck called it a stunning and unprecedented resignation.

“I’m not sure what this government needs in terms of further signals to let them know that they are on the wrong track and they are on the wrong side of this,” she said.

According to Beck, this situation doesn’t reflect well on any member of government.