Saskatchewan Premier Contemplates Using Notwithstanding Clause in Gender Pronoun Policy Legal Challenge

Saskatchewan Premier Scott Moe speaks at a press conference at the Legislative Building in Regina on March 25, 2021. Michael Bell/The Canadian Press

If Saskatchewan Premier Scott Moe used the Constitution’s notwithstanding clause to override a court challenge concerning a policy regarding gender pronouns in schools, its invocation would not be unprecedented, says a constitutional lawyer.

“In Saskatchewan, uniquely enough, this actually wouldn’t be unprecedented,” said Marty Moore, litigation director with Charter Advocates Canada.