Sask. premier to use notwithstanding clause to veto judge ruling on school pronoun policy

A Regina judge has ruled that the Saskatchewan government's naming and pronoun policy should be paused for the time being, but Premier Scott Moe says he'll use the notwithstanding clause to override it.

Moe, responding to today's injunction issued by a Regina Court of King's Bench Justice Michael Megaw, said he intends to recall the legislature Oct. 10 to "pass legislation to protect parents' rights."

"Our government is extremely dismayed by the judicial overreach of the court blocking implementation of the Parental Inclusion and Consent policy — a policy which has the strong support of a majority of Saskatchewan residents, in particular, Saskatchewan parents," Moe said in a written statement Thursday afternoon.

"The default position should never be to keep a child's information from their parents."

Last month, the province announced that all students under 16 needed parental consent to change their names or pronouns.

Moe previously said he stands by the policy and that the province will do everything in its power to protect parental rights.

The notwithstanding clause is a provision that allows governments to override certain Charter rights for up to five years when passing legislation. 

The clause can only override certain sections of the charter which deal with fundamental freedoms, legal rights and equality rights — but can't be used to override democratic rights. Once invoked, the notwithstanding clause prevents any judicial review of the legislation in question. 

In a Thursday night post on the social media network X (formerly Twitter), federal Justice Minister Arif Virani responded to Moe's comments, saying the province's intention to use the notwithstanding clause comes despite an injunction "which should have given them pause."

He added that the province is acting before the court has reviewed the policy for its constitutionality.

"A judge agreed that what the government is doing may cause irreparable harm to some of its youngest people," Virani wrote.

"Violating individual rights should not be a decision take lightly."

Earlier Thursday, Megaw issued his 56-page ruling ordering the policy be put on hold until a full hearing can take place.

"I determine the protection of these youth surpasses that interest expressed by the government, pending a full and complete hearing," Megaw wrote.