January 20th, 2026
UR Pride case: Saskatchewan Court of Appeal weighs in on pre-emptive use of the notwithstanding clause
In the UR Pride decision, the Saskatchewan Court of Appeal concluded that the pre-emptive use of the notwithstanding clause, i.e., before a court has reviewed the constitutionality of the legislation, does not prevent a court from issuing a declaratory judgment on the legislation’s consistency with the rights and freedoms covered by the notwithstanding clause.