Summary

This bill amends The Constitutional Questions Act, 2012 to require the government to refer any Saskatchewan law that invokes the notwithstanding clause (section 33 of the Canadian Charter of Rights and Freedoms) to the Court of Appeal for review. The referral must occur within 90 days of the law coming into force and must ask the court whether the provision violates Charter rights and, if so, whether it can be justified under section 1 of the Charter.

Section 33 of the Canadian Charter allows provincial legislatures to pass laws that override certain Charter rights for up to five years at a time. This bill would create a new mandatory step: whenever Saskatchewan uses this power, the government must send the law to the Court of Appeal within 90 days and ask the court two questions. First, does the provision actually violate fundamental freedoms (section 2) or legal and equality rights (sections 7 to 15) of the Charter? Second, if it does violate those rights, can the government prove the violation is reasonable and justified under section 1 of the Charter? The court would provide an advisory opinion. This does not stop the law from taking effect, but it creates a formal judicial review process for any Saskatchewan law that uses the notwithstanding clause.