The Saskatchewan government announced on Monday that they are invoking a clause to protect school choice in the province.

Premier Brad Wall says that they are using the notwithstanding clause of the Canadian Charter of Rights and Freedoms to contest a court ruling last month.

The move comes in response to the court ruling on April 20 regarding a school in Theodore, where the Good Spirit School Division contested that the school should not receive government funding for non-Catholic students.

"We support school choice including public, separate and faith-based schools," explained Wall. "We will defend school choice for students and parents. By invoking the notwithstanding clause we are protecting the rights of parents and students to choose the schools that work best for their families, regardless of their religious faith."

The court ruled that all funding to Catholic schools with non-Catholic students is stopped.

Section 33 of The Charter of Rights and Freedoms gives provincial government the authority to override portions of the Charter for a five year term. 

Using the notwithstanding clause requires an Act of the Legislative Assembly.

"I have asked the Ministers of Education and Justice to begin preparing legislation to invoke the notwithstanding clause to protect choice in our school system," said Wall. "We wanted to announce this now to provide clarity and provide parents with the assurance that they will be able to continue to choose the kind of school they want their children to attend."

Humboldt Collegiate Institute is jointly-operated by the Horizon School Division and Greater Saskatoon Catholic Schools.