Premier Scott Moe defends decision to recall legislative assembly over pronouns policy

On Friday, Moe said that the policy will provide clarity to parents and school divisions about what to expect in the classroom and the policy can't wait until spring.

Premier Scott Moe reconfirmed on Friday that his government will be invoking the notwithstanding clause to push forward the pronouns policy legislation, requiring students 16 years or younger to receive parental consent to use a preferred name or pronoun at school.

“Today, I asked the Speaker to recall the Legislative Assembly on Tuesday, October 10 to pass legislation to protect parents’ rights,” Moe said in a statement.

Earlier in the day on Thursday, a Regina judge granted an interim injunction, temporarily halting the implementation of the policy.

The notwithstanding clause is essentially an ‘override of power’, specifically connected to Charter Rights, according to University of Saskatchewan assistant law professor Sarah Burningham.

Burningham said the clause allows governments to enact laws regardless of whether they violate certain human rights, but noted that not every right within the Canadian Charter of Rights and Freedoms can be overridden.

Once the clause is invoked, it immunizes the law from Charter review.

The clause also prevents claimants from taking the government to court over the law.

Daniel Westlake is an assistant professor of political studies at the University of Saskatchewan and spoke with Global News a few weeks ago when Moe first threatened the use of the notwithstanding clause.