Ottawa, June 11, 2026 – In a submission to the Supreme Court of Canada filed this week in Saskatchewan v UR Pride Centre, the Canadian Bar Association argues that pre-emptive use of the notwithstanding clause should not prevent courts from reviewing legislation for compliance with the Canadian Charter of Rights and Freedoms.
According to the CBA, judicial review bolsters meaningful democratic participation and access to justice by enhancing Canadians’ understanding of Charter rights. A court’s opinion can clarify whether a law infringes those rights, and it can help voters assess the appropriateness of a government’s use of the notwithstanding clause to shield a law from potential invalidation.
The CBA is among more than 20 interveners in this case that stems from Saskatchewan’s 2023 adoption of a law that notably requires schools to get parental consent before addressing students younger than 16 with a new name or gender. No hearing date has yet been set.