Saskatchewan’s premier says the province will strongly oppose any attempt by Ottawa to limit the notwithstanding clause – as a case with national implications is due to be heard by the Supreme Court of Canada. Saskatchewan is currently listed as one of several intervenors in the case of Quebec’s secularism law, known as Bill 21. Passed in 2019, the law bans religious symbols from being worn by public sector workers in positions of authority, such as teachers and judges. Quebec’s government used the notwithstanding clause to protect the law from charter challenges. However, the Supreme Court has agreed to hear a legal challenge of Bill 21 brought by several groups that oppose the law, though a date for a hearing has not been set. As part of the proceedings, the federal government is asking the Supreme Court of Canada to set limits around how provincial governments can override the Charter of Rights and Freedoms. Ottawa made the request in a factum filed at the court on Sept. 17. Several provinces, including most recently Manitoba, have applied to be intervenors in the case on the side of Quebec – arguing that the federal government is attacking provincial rights in its stance. In a post to social media on Friday, Premier Moe stated that his government will oppose the federal government in the proceedings - pointing to the origin of Section 33 in the Charter. “Saskatchewan will strongly oppose the federal government’s attempt to limit the provinces’ ability to use the notwithstanding clause. This would mean a significant infringement on the autonomy of provinces and their elected legislatures,” Moe’s statement read. Several provinces have used Section 33 to protect legislation in recent years. In 2023, the Saskatchewan government used the notwithstanding clause for its Parents’ Bill of Rights. Last month, the Saskatchewan Court of Appeal ruled that while a court cannot strike down the legislation, it can rule on whether or not the law violates constitutional rights. Alberta is also planning to use the notwithstanding clause on three similar policies. -With files from The Canadian Press.
