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Human rights commissioner resigns over Saskatchewan pronoun bill

鈥楾he assault on human rights of children really drove it home for me and my family鈥
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Heather Kuttai, a commissioner with the Saskatchewan Human Rights Commission, says in a letter that she is resigning immediately because of the province鈥檚 proposed legislation that requires parental permission if a child wants to change their name or pronoun at school. Saskatchewan Premier Scott Moe speaks to the media at the Saskatchewan legislature in Regina, on Tuesday, Oct. 10, 2023. THE CANADIAN PRESS/Heywood Yu

Former Saskatchewan human rights commissioner Heather Kuttai says she spoke with her son before she decided to resign on Monday over the province鈥檚 proposed pronoun legislation.

Her son, who鈥檚 transgender, told her not to go quietly.

鈥淭hat was kind of my light, I think,鈥 Kuttai told The Canadian Press. 鈥淲e all hear those stories, but this one, when it came to light, it really stung. It felt personal for one thing.鈥

Kuttai announced her resignation Monday in a letter to Premier Scott Moe.

She said children鈥檚 rights must take precedence over parental obligations.

鈥淭he assault on human rights of children really drove it home for me and my family,鈥 Kuttai said in the interview. 鈥淚 realized I couldn鈥檛 continue to be a part of a system that fundamentally is anti-trans.鈥

She said if the province passes the legislation with the notwithstanding clause, 鈥淪askatchewan will no longer be a place that takes care of all its kids.鈥

鈥淭his is the only province in Canada where the rights of 2SLGBTQ+ kids are not the same as other children in this country,鈥 she said. 鈥淲e鈥檙e all born into this country with rights. That鈥檚 part of what makes this country great. We don鈥檛 own our kids.鈥

The province announced in the summer a policy requiring consent for pronoun and name changes in schools for students under 16.

Lawyers for UR Pride, a Regina LGBTQ organization, sought an injunction until a challenge could be heard in court later this year. It argued the policy violates Charter rights and could cause teachers to out or misgender children.

A judge granted an injunction at the end of September.

Last week, the Saskatchewan Party government introduced legislation containing the policy, along with the notwithstanding clause, overriding sections of the Charter of Rights and Freedoms and Saskatchewan鈥檚 Human Rights Code.

Justice Minister Bronwyn Eyre said she鈥檚 sorry to learn of Kuttai鈥檚 resignation and would be reading the letter.

鈥淧eople have different views on this issue, and lawyers have different views on this issue,鈥 Eyre told reporters.

鈥淒o parents as non-human-rights experts have a right to have views on this issue? I will say parents are citizens, too. And we鈥檝e heard from thousands of them.鈥

Kuttai said research shows LGBTQ youth face a higher risk of abuse, violence and mental-health harm.

It鈥檚 a mistake to put teachers in a position of outing a child before they are ready, and it鈥檚 harmful to misgender a child, she said.

鈥淚 can鈥檛 understand why you and your government would want to be responsible for a system that brings harm to children,鈥 she asked Moe in the letter.

The legislation says that if it鈥檚 believed a student would be harmed because of the consent requirement, the school鈥檚 principal is to direct the student to a counsellor. The counsellor would then develop a plan with the student to help them make a request to their parent to get consent.

Kuttai said the suggestion children will get all the counselling they need in schools is unrealistic, noting schools lack resources to help all children.

She said her son鈥檚 coming out was a difficult process, even though he felt confident his parents would love him.

鈥淥ne of the reasons he is now out, and thriving, is because of the support he received at school,鈥 Kuttai said in the letter. 鈥淚 hate to think of what would have happened if he had not had that support.鈥

Kuttai is one of Saskatchewan鈥檚 six human rights commissioners. She said her resignation is effective immediately.

鈥淚 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.鈥

She said she texted her son Monday of her resignation.

鈥淚 said, 鈥業 guess you鈥檙e really out now,鈥欌 Kuttai said with a laugh.

鈥淚鈥檓 sure he will be pleased that, on some level, his mom stood up for him and his trans brothers and sisters. I had to be able to ensure that my son, both of my sons, know what side of the fence I sat on.鈥

Opposition NDP Leader Carla Beck commended Kuttai for her courage and remarks.

鈥淚 would call upon the government to pause and listen to what is going on here,鈥 Beck said. 鈥淚t鈥檚 time for sober second thought. It鈥檚 time for them to pull away from their agenda.鈥

Moe previously said the policy had strong support from the majority of Saskatchewan residents and parents.

Education Minister Jeremy Cockrill added Monday that the government decided to act when Regina Public Schools changed its policy so parents would not be informed of a child鈥檚 pronoun changes.

Cockrill said 鈥渕ultiple individuals鈥 informed the government in 2022 of the division鈥檚 new policy.

The government took nine days to draft its pronoun policy in August and released it to the public four days later.

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