Bill 611 — The Constitutional Questions (Notwithstanding Clause Referral) Amendment Act
Introduced on 2025-12-04 · Sponsor: Nicole Sarauer
Requires the government to automatically send any provincial law that uses the Charter's notwithstanding clause to the Court of Appeal for review.
- Amends The Constitutional Questions Act, 2012 to add a new referral requirement
- Applies whenever a provincial Act declares it operates despite the Canadian Charter of Rights and Freedoms under section 33
- Requires the Lieutenant Governor in Council to refer the Act to the Court of Appeal
- Referral must happen within 90 days after the Act comes into force
- Court must give its opinion on whether the provision violates Charter section 2 or sections 7 to 15
- Court must also say whether any violation is reasonable and justified under section 1 of the Charter
- Takes effect immediately on royal assent
The bill on the Legislative Assembly of Saskatchewan website