If Saskatchewan Premier Scott Moe used the Constitution’s notwithstanding clause to override a court challenge concerning a policy regarding gender pronouns in schools, its invocation would not be unprecedented, says a constitutional lawyer.

“In Saskatchewan, uniquely enough, this actually wouldn’t be unprecedented,” said Marty Moore, litigation director with Charter Advocates Canada.

He pointed to a Saskatchewan case involving two school divisions, where the Court of Queen’s Bench ruled in 2017 that it was unconstitutional to fund non-Catholic students to attend a catholic school.

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