The Use of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms

Over the next few months, we're likely to find out how well Canada's Charter of Rights and Freedoms actually protects marginalized groups. A divisive policy enacted in Saskatchewan would require students to obtain parental consent before using a different name or pronouns at school. Advocates say the policy will out transgender kids in potentially dangerous homes. 

A challenge to the policy is currently before the courts, but rather than wait for an answer, Premier Scott Moe plans to use the "nuclear option"—the notwithstanding clause—to push the policy through. This will likely spark protests, court challenges and perhaps even an escalating response from the federal government. It's a complex and compelling governmental battle—with some of the country's most vulnerable kids caught in the middle of it...

GUEST: Charlotte Dalwood, freelance journalist specializing in legal issues, writing in Xtra magazine

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