The notwithstanding clause has been invoked only a handful of times by a few provinces since the Canadian Constitution was patriated in 1982, but its use has increased in recent years.

Saskatchewan is the latest province to threaten to invoke the clause, with Premier Scott Moe saying he will use the controversial charter section to pass legislation ensuring the province’s school pronoun policy remains in place.

Saskatchewan also used it in 2017 to override a court ruling that would have revoked provincial funding for non-Catholic students attending Catholic schools.

Ontario Premier Doug Ford used the clause in June 2021 in order to limit third-party election financing. He had also threatened to use it in 2018 to uphold his plan to reduce the number of seats on the Toronto City Council, but later backed away.

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