Canadians must be aware when their rights are being violated, CMA says as it applies to intervene at Supreme Court

Landmark case could lead to the loss of a critical forum for discussions about health policy and Charter Rights

OTTAWA, ON, March 17, 2026 /CNW/ - The Canadian Medical Association (CMA) has applied for leave to intervene before the Supreme Court of Canada in Government of Saskatchewan (Minister of Education) v. UR Pride Centre for Sexuality and Gender Diversity ("UR Pride") to stand up for Canadians' right to know if their Charter rights are being violated.

The Saskatchewan government is using the notwithstanding clause to prevent its legislation on parental consent around student pronouns and name changes from being struck down by the courts. Saskatchewan also asserts that its use of the notwithstanding clause prevents the courts from determining if the new law violates Canadians' Charter rights. The CMA believes the courts are entitled to rule on the constitutionality of legislation even if Charter protections are temporarily overridden by the notwithstanding clause.

The Supreme Court's decision will have impacts far beyond the issues at play in Saskatchewan and could have a ripple effect that shapes future health care and rights-based advocacy.

In May 2025, the CMA and three doctors acted to protect the relationship between patients, their families and their doctors by launching a constitutional challenge of Alberta's Bill 26, which intrudes into the practice of evidence-based medicine and doctors' freedom of conscience. The Alberta government has since invoked the notwithstanding clause to shield that legislation, and this Supreme Court decision could impact how the CMA's challenge proceeds.

"The notwithstanding clause should not be a tool to end public and legal debate," says CMA President Dr. Margot Burnell. "Legal debate on important issues requires dialogue among legislature, courts and citizens."

More cases at the intersection of health care and the Charter could be on the horizon. As the national voice of physicians, the CMA is at the forefront of shaping legislation and policy to promote the health and well-being of Canadians and is uniquely positioned to argue why the courts' ability to issue Charter declarations matters for health policy.

About the CMA
The Canadian Medical Association leads a national movement with physicians who believe in a better future of health. Our ambition is a sustainable, accessible health system where patients are partners, a culture of medicine that elevates equity, diversity and wellbeing, and supportive communities where everyone has the chance to be healthy. We drive change through advocacy, giving and knowledge sharing – guided by values of collaboration and inclusion.

SOURCE Canadian Medical Association

To schedule an interview or for further information, please contact: CMA Media Relations: [email protected]; Eric Lewis, 506-566-1671; Marie-Pier Cloutier, 819-740-2231