Sask. Premier demands MLAs return early in response to court ban

Saskatchewan Premier Scott Moe vows to use the notwithstanding clause in response to a court injunction Thursday that bans his government’s name and pronoun policy in schools.

Moe said in a statement he asked the Speaker to recall the legislative assembly on Oct. 10, two weeks ahead of the scheduled start, to pass legislation to protect parents’ rights.

Earlier on Thursday, Justice Michael Megaw granted an injunction over the education policy. In his written decision, Megaw wrote “I determine the protection of these youth surpasses that interest expressed by the Government, pending a full and complete hearing into the constitutionality of this Policy.”

The notwithstanding clause would allow the province to override certain Charter rights.

Moe continued on to say “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.

My response to today’s court ruling. pic.twitter.com/ij5GP5r4HH

— Scott Moe (@PremierScottMoe) September 28, 2023

“Our government will take action to ensure the rights of Saskatchewan parents are protected and that this policy is implemented by recalling the legislative assembly and using the notwithstanding clause of the Canadian constitution to pass legislation to protect parental rights.”

Less than two hours earlier, an emailed statement from the province read “Our government is reviewing today’s decision to grant an interim injunction to pause the Parental Inclusion and Consent policy — a policy that has the strong support of a majority of Saskatchewan people, in particular, Saskatchewan parents.

“Our government remains fully committed to this policy and to protecting parents’ rights. We are concerned about the uncertainty this ruling creates and are considering all options to remove that uncertainty and ensure this policy is implemented.”

NDP education critic responds

Official Opposition Education Critic Matt Love said in an emailed statement that he welcomes the court ruling.

“The government should not come forward with legislation in the fall sitting to put this policy into law, and they certainly shouldn’t do so relying on the notwithstanding clause to push this policy forward.”

Love pointed to Justice Megaw’s determination that youth will suffer “irreparable harm.”

Earlier this month, Saskatchewan’s Children’s Advocate determined the policy violates the rights of vulnerable children.