{"id":238241,"date":"2025-09-19T06:09:20","date_gmt":"2025-09-19T06:09:20","guid":{"rendered":"https:\/\/www.europesays.com\/us\/238241\/"},"modified":"2025-09-19T06:09:20","modified_gmt":"2025-09-19T06:09:20","slug":"alberta-to-use-notwithstanding-clause-on-its-3-transgender-laws-memo","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/238241\/","title":{"rendered":"Alberta to use notwithstanding clause on its 3 transgender laws: memo"},"content":{"rendered":"

Alberta Premier Danielle Smith has directed officials to invoke the Charter\u2019s notwithstanding clause<\/a> in amending three laws that affect transgender people, says a leaked government memo obtained by The Canadian Press.<\/p>\n

\"\"<\/p>\n

The internal document sent Sept. 10 by the justice department asks other departments to assemble information as per a directive from Smith\u2019s office to invoke the clause.<\/p>\n

\u201cAs you are aware, the premier\u2019s office has directed that legislation be developed for the fall legislative session to amend the following pieces of legislation to permit each to operate notwithstanding the Canadian Charter of Rights and Freedoms<\/a> and the Alberta Bill of Rights,\u201d says the memo from Malcolm Lavoie, deputy minister of justice.<\/p>\n

\n

\u201cThis legislative initiative is highly sensitive and should be approached with the utmost confidentiality.\u201d<\/p>\n<\/blockquote>\n

The document directs officials to craft background information on legal implications and other options to be considered.<\/p>\n

Story continues below advertisement<\/p>\n

It says the plan is to brief Smith ahead of time, then bring the proposal to cabinet Oct. 21. The house resumes sitting with a throne speech two days later.<\/p>\n

Justice spokesperson Heather Jenkins, asked Thursday for comment on the memo, responded in a one-sentence statement.<\/p>\n

\u201cAlberta\u2019s government will continue to vigorously protect the safety and well-being of children using all available legal and constitutional means at our disposal, including the notwithstanding clause should our government deem it necessary,\u201d Jenkins wrote.<\/p>\n

The three laws, introduced last year, establish rules for students changing their names or pronouns in school, ban transgender girls from participating in amateur female sports, and limit gender-affirming health care.<\/p>\n

\t\t\t\t\t\t\"Click<\/p>\n

\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t1:48
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t2SLGBTQ+ groups file lawsuit against Alberta\u2019s Bill 27\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n

LGBTQ+ advocacy groups Egale and Skipping Stone are challenging in court the school pronoun law and rules that would limit health care for transgender youth, calling them discriminatory.<\/p>\n

Story continues below advertisement<\/p>\n

Helen Kennedy, executive director at Egale Canada, said using the notwithstanding clause is \u201can unconscionable attack on 2SLGBTQI people, and a horrific example of state-sponsored transphobia.\u201d<\/p>\n

\t\t\t\t\t\"For<\/p>\n

\t\t\t\t\tGet breaking National news<\/p>\n

For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen.<\/p>\n

\n

\u201cWhen our governments abuse their power by invoking the notwithstanding clause to limit the protections of the Charter of Rights and Freedoms, it\u2019s not just an attack on queer and trans communities \u2014 it is an attack on all Canadians.\u201d<\/p>\n<\/blockquote>\n

The notwithstanding clause is a rarely used provision that allows governments to override certain sections of the Charter for up to five years. It\u2019s a tool Smith has said was on the table as a \u201clast\u201d resort regarding the government\u2019s transgender health restrictions.<\/p>\n

Smith also expressed faith the law could withstand a Charter challenge.<\/p>\n

\u201cWe\u2019re going to argue that we\u2019re being reasonable, proportionate and evidence-based, and we\u2019ll see how it goes in court,\u201d Smith said last December.<\/p>\n

Meanwhile, the legal challenges continue to work their way through the courts.<\/p>\n

The law prohibiting doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for youth under 16 isn\u2019t yet in effect because of a temporary court injunction issued in June.<\/p>\n

Alberta appealed the injunction in August.<\/p>\n

\t\t\t\t\t\t\"Click<\/p>\n

\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t2:16
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tAlberta\u2019s new school year gets off to tumultuous start\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n

The education law came into effect at the start of this school year.<\/p>\n

\n\t\tTrending Now\n\t<\/p>\n