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Saskatchewan premier defends plan to use notwithstanding clause for pronoun policy

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Saskatchewan Premier Scott Moe holds a news conference during a tour at Lakewood Civic Centre in Saskatoon, Sask., on Friday, Sept. 29, 2023. Moe is defending his decision to recall the legislative assembly early and use the notwithstanding clause to ensure the province's pronoun policy stays in place. THE CANADIAN PRESS/Heywood Yu

SASKATOON — Saskatchewan Premier Scott Moe is defending his decision to recall the legislative assembly early and use the notwithstanding clause to ensure the province's pronoun policy in schools stays in place.

Speaking to reporters in Saskatoon, he said he wants to make it clear the policy will go ahead.

"The policy is paused here today," Moe said Friday. 

"What we feel is of paramount importance is to provide clarity to parents, to families and ultimately to school divisions and educators that are in our classrooms across the province. This will provide that clarity.

"We've said for a number of weeks now that there are tools available for the government to ensure this policy is in place moving forward for the next number of months and years."

Moe made the announcement Thursday that he plans to use the notwithstanding clause, shortly after a judge granted an injunction to pause the policy that requires parental consent when children under 16 want to go by different names and pronouns at school.

He had said in a statement that he was extremely dismayed by the injunction, calling it judicial overreach, and suggested the policy has strong support from the majority of Saskatchewan residents and parents.

On Friday, Moe added that he wants to provide clarity as soon as possible to families and school divisions.

"The school divisions, up until yesterday, have informed us they've been working on their implementation plans of this policy," he said.

"What pausing the policy means is for a period of time it will not be mandatory to include the parents in some of these discussions."

The legislative assembly is to be recalled on Oct. 10 to use the notwithstanding clause, a provision that allows governments to override certain Charter rights for up to five years.

This report by The Canadian Press was first published Sept. 29, 2023.

The Canadian Press

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