The Court of Appeal ruled today that the legal challenge to Bill 137 can proceed, marking a significant win for Saskatchewan’s children and defenders of The Canadian Charter of Rights and Freedoms. This decision ensures the courts can decide whether the legislation is unconstitutional—even when a government invokes the notwithstanding clause.
“It is critical that this case moves forward,” said Kent Peterson, president of CUPE Saskatchewan. “This ruling tells anyone concerned about their rights that they will not be silenced—not even by a government determined to trample the Charter. This court case also raises big questions about the time and taxpayer money the Sask. Party has wasted on what amounts to a cheap political gambit.”
In October 2023, Bill 137 was pushed through the legislature in just days, with the government preemptively invoking the notwithstanding clause to block court review.
“Today’s ruling sends a clear message: rights matter, children matter, and the Sask. Party government cannot simply legislate away accountability,” concluded Peterson.
The decision means the courts can determine whether the legislation violates the Charter’s protection of liberty and security of the person and of equality and non-discrimination rights, and declare that rights and freedoms have been unjustifiably infringed upon—despite the government invoking the notwithstanding clause to prevent the courts from striking the legislation down.