Notwithstanding Clause: What Is It and Why Is Saskatchewan Resorting to It on School Pronoun Policy?

The notwithstanding clause has been invoked only a handful of times by a few provinces since the Canadian Constitution was patriated in 1982.

Saskatchewan Premier Scott Moe looks on during a tour at Lakewood Civic Centre in Saskatoon, Sask., on Sept. 29, 2023. The Canadian Press/Heywood Yu

The notwithstanding clause has been invoked only a handful of times by a few provinces since the Canadian Constitution was patriated in 1982, but its use has increased in recent years.

Saskatchewan is the latest province to threaten to invoke the clause, with Premier Scott Moe saying he will use the controversial charter section to pass legislation ensuring the province’s school pronoun policy remains in place.