Does Saskatchewan's Parents' Bill of Rights help parents or misguide them?

It's been more than a month since Saskatchewan used the notwithstanding clause to make its Parents' Bill of Rights Canada's first provincial education law that could limit gender identity in schools. But the debate around it as intense as ever with a now-moot constitutional challenge still moving forward in the new year.

"Parental rights means I have the ability to create a safe environment for my child to grow up," said Dustin Mathies, a father of two in Swift Current, Sask., who supports the law.  "One of the biggest things is having control over what my kids are hearing, what they're learning."

But others say the law does more harm than good.

"The problem is that this bill allows all of the other not good things to happen in the family unit — the controlling and forceful need to impose traditions," said Lynnai Hicks, a Regina mom whose 16-year-old is non-binary.

The debate pits people who say the law is about ensuring parental involvement in a child's formative years against those who worry the bill will hurt vulnerable kids while confusing parents about what their rights actually are.

The most controversial part of the law mandates school staff get parental consent before using a student's new name or gender identity. Saskatchewan's law came after a similar policy in New Brunswick.

Policies are easier to change compared to laws, which would require a legislative process for amendments. When New Brunswick changed its Policy 713 to have a similar rule, several school boards wrote their own to effectively undo the changes. Several of the boards have received provincial letters of "corrective action," but most have stuck with their own policies.

Before Saskatchewan's policy became law, critics filed court arguments claiming the policy violates sections 7 and 15 of Canada's Charter of Rights and Freedoms. Those include the right to liberty, security of the person and equality rights.

A Court of King's Bench judge in Regina granted an injunction to pause the policy until a constitutional challenge could happen, adding the policy could cause "irreparable harm" to students unable to have their gender identity used in school.

That court challenge is expected to continue in January, despite Saskatchewan using the notwithstanding clause to push the policy into law. It's the first province to use the clause to override the Charter rights of children.

Mathies and his lifelong friend Murray Froese think it was the right call for their teen and preteen children.

"With the access kids have to social media, they have everything at their fingertips to explore some pretty scary subjects," Froese said recently, as the two friends sat at a Swift Current restaurant. 

"When you've got a 13-, 12- or 11-year-old who's obviously not mature enough to handle some of these more serious issues … it can easily cause a lot of confusion."

That's where the law comes in, he said.