Province invoking Constitution’s notwithstanding clause to overturn Catholic schools funding ruling

REGINA The Saskatchewan government officially introduced legislation to invoke the notwithstanding clause Wednesday.

The province, which previously announced the move, is responding to a Court of Queen’s Bench decision from April that ruled that governments should not be allowed to give funding to Catholic schools for non-Catholic students.

The Saskatchewan Catholic School Boards Association is appealing the decision, putting any changes on hold — likely for several years while the court process plays out.

But Premier Brad Wall said earlier this year invoking the notwithstanding clause, which will effectively wipe out the court’s decision, is a “proactive way” of protecting school choice in the province “notwithstanding what happens in the court process.”

Using the clause is a rarely used right of the provinces: Wall is the second premier in Saskatchewan’s history to invoke it.

“The current system has served us well for more than 100 years, and parents and students wish to preserve it,” Education Minister Bronwyn Eyre said in a media release. “This legislation will provide certainty for families so they can continue to attend Catholic separate schools.”

The legislation introduced invokes Section 33 of the Charter of Rights and Freedoms to require all provincial funding for schools to be provided under The Education Act, 1995 without any distinction based on religion, notwithstanding sections 2(a) and 15 of the charter and sections 4, 12 and 13 of the Human Rights Code.