When the provinces of Sask & Alberta were created in 1905, the federal government enshrined Catholic schools in the acts creating these provinces. These acts were protected from modification  by the constitution & any other act passed since 1905.

The federal government in 1905 successfully kicked the can down the road for over 100 years.

Since 1905 many towns & schools were built. The infrastructure was built based upon the 100 year old act. For the court to over rule a large portion of the act would cost Sask education billions.