A government that uses the Charter’s notwithstanding clause to override the rights of Canadians in legislation is not automatically shielded from judicial review, according to a major ruling on Monday from the Saskatchewan Court of Appeal.

At issue is the Saskatchewan government’s pronoun law, enacted in 2023. It requires parental consent at school when children younger than 16 want to change their pronouns or names. The province used Section 33 of the Charter of Rights and Freedoms, the notwithstanding clause, to protect it from court challenges.

This is new legal territory in a continuing debate about the Charter’s notwithstanding clause and court fights over how governments use that power. The Saskatchewan appeal court ruling is focused on the prairie province but also addresses legal questions that are currently being considered at the Supreme Court of Canada in a case from Quebec.