this post was submitted on 03 Oct 2023
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Saskatchewan's premier says he'll use the notwithstanding clause to override a court injunction that has paused the province's new pronoun policy for students. But a professor says the clause is meant to be used as a tool of last resort.

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[–] [email protected] 3 points 1 year ago (1 children)

The Premier does not understand that there is a violation of rights.

If this was true, they could pass the legislation without the notwithstanding clause.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

No, he fully understands that, from his point of view, the illness is misclassified – in other words, it is not considered an illness by all. This is no doubt a Charter violation when changing identity is not considered an illness by the courts. Hence the preemptive notwithstanding call. But he understands it to be an illness, and therefore no rights are violated from his point of view.