Alberta invokes notwithstanding clause to stop court challenges of transgender laws
The Alberta government has invoked the Charter’s notwithstanding clause to protect from legal challenge a trio of laws affecting transgender youth and adults.
It’s the second time in less than a month Premier Danielle Smith’s government has applied the clause to a bill — both times saying it had little choice because children’s well-being hung in the balance.
Smith’s government introduced a bill in the house Tuesday which, if passed, invokes the clause overriding Charter rights in the three laws.
Bill 9, the Protecting Alberta’s Children Statutes Amendment Act, will amend the Health Statutes Amendment Act, 2024, the Education Amendment Act, 2024, and the Fairness and Safety in Sport Act.
In a news conference the day before, Smith said the move was necessary because the health of children affected could be jeopardized if challenges to the laws are tied up in court for a long time.
“This government does not turn to the notwithstanding clause unless the stakes warrant it, and in this case, the stakes could not be higher,” Smith said.
The three laws were passed more than a year ago and affect transgender and gender-diverse youth in health care, in schools and in competitive sports.
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Two of those laws face constitutional court challenges.
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