On Friday, Moe repeated his promise to recall the province's legislature on October 10 to pass legislation ensuring the policy is implemented.
The clause can only override certain sections of the charter — section 2 and sections 7 to 15, which deal with fundamental freedoms, legal rights and equality rights. It can't be used to override democratic rights. "A number of premiers argued that there should be ... a sort of escape hatch from certain rights in the charter."
"It was intended at that time to be used in the most unusual of circumstances," Wally Oppal, a former B.C. attorney general and justice of both the provincial Supreme Court and the Court of Appeal, said last fall.