In addition to using the notwithstanding clause, the Saskatchewan government is appealing Justice Donald Layh's ruling that it must stop paying for non-Catholic students to attend Catholic schools in the province.
The provincial government announced Wednesday that they will be filing a notice of appeal to the Saskatchewan Court of Appeal regarding last month's Court of Queen's Bench ruling on separate school funding.
"In doing so, I hope we get further clarification on this matter that is vitally important for Saskatchewan families," said Justice Minister and Attorney General Gordon Wyant in a press release.
On April 20, the Court of Queen's Bench ruled that Catholic schools could not receive provincial funding for non-Catholic students.
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This is set to take effect in June 2018.
The provincial government voiced their disagreement promptly.
"This simply cannot stand," Premier Brad Wall told reporters on April 24.
If it does stand, the ruling would affect about 10,000 students who would no longer be funded to attend Catholic schools, according to the government.
The government previously announced Saskatchewan will invoke the notwithstanding clause regarding the decision.
"We wanted to give students and their families the certainty that their ability to choose which school they attend will not be impacted by this decision," Minister of Education Don Morgan said in the release.
"Use of the notwithstanding cause will give parents that certainty, without having to worry about the outcome of an appeal."
The notwithstanding clause allows provinces to create laws that will operate in spite of (or "notwithstanding") some charter rights that the laws appear to violate, but the power is temporary, expiring after five years.
The notice of appeal will be filed on Friday.