Allyship Isn't Enough: Pride, Protest, and the Fight Against Bill 137

 

 

 

 

 

 

I remember my first pride parade. It was the early 2000s and I watched a handful of people cheering their way down a street in downtown Saskatoon. I wasn’t brave enough to join in that first time, but since then, I’ve joyfully and proudly walked in many Saskatoon pride parades, as well as in Regina, Winnipeg, Toronto, and even New York City’s infamous pride parade which draws more than 2 million people each year.

Today, Pride celebrations stretch across Saskatchewan. From major cities to small towns, communities are carving out space for 2SLGBTQ+ people to celebrate, to be visible, and to find a sense of belonging. And while we have more events, more flags, and more visibility than ever before, in Saskatchewan, there is a shadow hanging over the celebrations. In October 2023, the provincial government passed Bill 137: The Parents’ Bill of Rights. The bill requires parental consent for students under 16 to use chosen names or pronouns in schools and allows parents to fully opt their children out of sexual health education. Passed in an emergency session, the legislation invoked the Notwithstanding Clause to shield it from judicial review and from Charter protections of children and youth.

Hundreds of Saskatchewan residents wrote letters in opposition, writing from across the political spectrum and from educators, healthcare professionals, lawyers, clergy, parents, and youth. Still, the bill passed.

As we mark Pride this year, just under two years later, we know that 2SLGBTQ+ youth are already experiencing the harmful effects of Bill 137. As well, we know that it has had a chilling effect that extends well beyond our schools, as some individuals, organizations, and institutions have decreased their own advocacy and allyship in fear of further roll backs.

The fallout from Bill 137 reminds us that legal change doesn’t always reflect public opinion, but it carries real consequences all the same. If we are to fight for justice and to show up for 2SLGBTQI+ people during pride month and beyond, moments like this call us to ask what solidarity really demands of us.

Allies vs. Accomplices

Queer, trans, and Two Spirit communities have long emphasized the importance of allyship, including supportive friends, family members, and community members who speak out and show up. Allies have waved rainbow flags, marched alongside us, and advocated in workplaces, educational and healthcare settings. In recent years, however, there’s been a call to revisit the role of the ally, recognizing that 2SLGBTQI+ people often need more than a supporter, they need an accomplice.

An accomplice is someone who doesn’t just stand up for the 2SLGBTQI+ community, but actively takes risks to intervene in systems that are unjust. Allies can walk away. Two Spirit, trans, and queer people cannot. As such, accomplices or co-conspirators understand that oppression is structural and that dismantling it requires them to position themselves within the struggle, even when it comes at a personal or professional cost. The shift was popularized by Black and Indigenous activists in the wake of widespread pushback against critical race theory and anti-racist efforts. Today it is a frame that serves social justice advocates in many sectors, inviting people to acknowledge their own privilege and leveraging that privilege and their existing relationships to disrupt and challenge the systems that 2SLGBTQI+ people cannot opt out of.

When Saskatchewan used the Notwithstanding Clause to pass Bill 137, it circumvented judicial scrutiny by pre-emptively declaring that Charter rights did not apply to trans and gender diverse youth. In doing so, it removed legal protections from those who need them most.

If we want to be accomplices, not just allies, we must treat this as a call to action.

From Words to Action

So, what does being an accomplice look like for the legal community?

Engage in Education and legal advocacy.

The Canadian Bar Association’s Access to Justice for Trans People Report (2022), along with its accessible training materials on gender diversity and inclusion, remains a valuable starting point for anyone looking to deepen their knowledge. Lawyers and legal scholars can build on these efforts by supporting legal challenges, sharing expertise, and offering pro bono services. Organizations like UR Pride Centre and Egale Canada, backed by accomplices across the province, have taken legal action against the Government of Saskatchewan in response to Bill 137.

Challenge misinformation.

Bill 137 was framed around “parental rights,” a concept not protected under the Charter, while children’s rights are protected. Lawyers and legal scholars can help dispel this false framing by writing, speaking out, and providing legal clarity. There is also a role to play in confronting other harmful messages such as the false claims about trans women and criminality, or the persistent failures to uphold legal rights already enshrined in Canadian law. For instance, while trans people have the right to be housed in correctional facilities that align with their lived gender identity, this right is frequently denied in practice.

Call out the misuse of the Notwithstanding Clause.

Saskatchewan’s pre-emptive use of Section 33, before any court ruling, sets a dangerous precedent. In May of 2024, the Sexual and Gender Diversity Alliance of the CBA wrote to the federal ministry of justice to raise concerns about the troubling use of the Notwithstanding Clause against marginalized groups. The legal community must continue to speak out against its normalization and erosion of constitutional protections.

Support law students and young lawyers.

Many emerging legal professionals are eager to engage in equity and justice work, but uncertain about how to engage, and whether they are allowed to. The provision of mentorship, education, and supportive environments encourages them to include equity and social justice work in their regular practice. These investments in the next generation of lawyers ensures that today’s advocacy takes root.

Use your Platform.

Whether it’s a courtroom, classroom, boardroom, or column, speak up in all environments. Call for the full repeal of Bill 137 and the protection of 2SLGBTQI+ rights.

Pride is a Protest

I may feel comfortable walking in the street during the Pride Parade, but if decades of advocacy still leave 2SLGBTQ+ youth subject to harm, what was all of that fighting for?

As anti-trans policies gain traction across Canada, many 2SLGBTQI+ communities are returning to Pride’s roots. The first pride parade wasn’t a celebration, it was a riot. In 1969, Black and Latinx trans women led resistance against police violence at the Stonewall Inn in New York City. Their act of defiance ignited a global movement, and more than fifty years later the fight for justice is far from over.

This year, as we join parades and pride festivals across Saskatchewan, let us see Pride not only as a celebration or a riot, but as a reckoning. A call to action. We need co-conspirators and accomplices to step into the ring: to fight for justice, for the free expression of trans and gender diverse youth, and for the freedom of the next generation.

 

 

 

Rachel Loewen Walker is Program Chair and Assistant Professor, Gender, Sexualities, and Social Justice. Former Sallows Chair in Human Rights, College of Law, University of Saskatchewan