08/16/2025
Even though the Saskatchewan government pre-emptively invoked the notwithstanding clause to prevent court challenges to its legislation requiring parental consent for gender diverse students to use different names or pronouns in schools, the Saskatchewan Court of Appeal ruled this week that courts can still weigh in on the constitutionality of that law.
"Nothing in the remaining text or structure of the Charter, or the Constitution more generally, suggests that the idea of a legislative last word should be equated with a legislature having the only word on the issue of whether legislation limits Charter rights," Chief Justice Robert Leurer wrote for the majority.
Read more about the 4-1 ruling in CBA National:
Saskatchewan Court of Appeal says nothing in the Charter suggests legislatures have the last or only word on whether legislation limits rights
