The Act is more political and should be referred to the Sask. Court of Appeal before proclamation in order to determine constitutionality.
. For my part, I agree with the critics that there is a substantial argument that parts of the bill do not pass the constitutional litmus test.
First, we need to understand that the province of Saskatchewan does not have a comprehensive document called the Saskatchewan Constitution. Some specific constitutional provisions are contained in the Saskatchewan Act, which is part of the Canadian Constitution. But the province has not adopted a specific document outlining constitutional provisions detailing how specific functions and procedures within provincial jurisdiction are to be proceeded with by the legislature.
Second, it is quite clear that section 45 of the constitution says ” . . . The legislature of each province may exclusively make laws amending the Constitution of the province.” It does not say that the province, through changes made to the provincial constitution, if we had one, can change the Constitution of Canada. Nor, I would argue, does it give the legislature of Saskatchewan power to unilaterally amend the Saskatchewan Act which is already in the Constitution of Canada.
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