A judge has struck down a new policy introduced by Saskatchewan Premier Scott Moe that would require children under the age of 16 to have parental consent before changing their name or pronouns.

The policy was announced last month and Moe said he was prepared to employ the  constitutional notwithstanding clause if necessary. The clause is a provision that enables governments to override select Charter rights for as long as five years and .

This comes after the activist group, UR Pride, filed a lawsuit against the province demanding that the policy be reversed out of fear that children would be misgendered by their teachers. 

The group which advocates for gender ideology in schools claimed that the policy was in violation of Canada’s Charter of Rights and Freedoms. UR Pride argued for an injunction last week, while they await the final decision in their lawsuit. 

Lawyers representing the province of Saskatchewan argued that the policy has been misinterpreted, saying that parents should be aware of the decisions made by their child regarding changes to their name or pronouns. 

The policy will be paused for the time being, following the decision by Justice Michael Megaw on Thursday in the Court of King’s Bench. 

Megaw ruled that until the legitimacy of the policy has been decided by the court, it cannot yet be implemented.

In a statement emailed to CBC News, the Saskatchewan government said that while they will review Justice Megaw’s decision, they remain vigilant in their commitment to the policy. 

“We are concerned about the uncertainty this ruling creates and are considering all options to remove that uncertainty and ensure this policy is implemented,” read the statement.

In November, arguments will be heard in court from both those for and against the policy.