text: I'm not clear what you're trying to say, but the Saskatchewan Act of 1905 is part of the Constitution.  The trial judge didn't rule that catholic schools were unconstitutional, he ruled (rightly or wrongly) that using public funding for non-catholics to attend those schools was unconstitutional.  Although the judge can't over-ride the 1905 Act, the legislature of Saskatchewan, together with Parliament can amend the Constitution and remove it.  I hope this helps.