{"id":389850,"date":"2025-11-19T11:53:35","date_gmt":"2025-11-19T11:53:35","guid":{"rendered":"https:\/\/www.europesays.com\/us\/389850\/"},"modified":"2025-11-19T11:53:35","modified_gmt":"2025-11-19T11:53:35","slug":"alberta-invokes-notwithstanding-clause-to-stop-court-challenges-of-transgender-laws","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/389850\/","title":{"rendered":"Alberta invokes notwithstanding clause to stop court challenges of transgender laws"},"content":{"rendered":"

The Alberta government has invoked the Charter\u2019s notwithstanding clause<\/a> to protect from legal challenge a trio of laws affecting transgender youth<\/a> and adults.<\/p>\n

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It\u2019s the second time in less than a month Premier Danielle Smith\u2019s government has applied the clause to a bill \u2014 both times saying it had little choice because children\u2019s well-being hung in the balance.<\/p>\n

Smith\u2019s government introduced a bill in the house Tuesday which, if passed, invokes the clause overriding Charter rights in the three laws.<\/p>\n

Bill 9, the Protecting Alberta\u2019s 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.<\/p>\n

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<\/p>\n

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up in court for a long time.<\/p>\n

\u201cThis government does not turn to the notwithstanding clause unless the stakes warrant it, and in this case, the stakes could not be higher,\u201d Smith said.<\/p>\n

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\u201cThis is one of the most consequential actions our government will take during our time in office.\u201d<\/p>\n<\/blockquote>\n

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.<\/p>\n

Two of those laws face constitutional court challenges.<\/p>\n

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The focus of much of the legal debate surrounds the law on health care.<\/p>\n

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It prohibits doctors from providing treatment such as puberty blockers and hormone therapy to those under 16 for purposes of gender reassignment.<\/p>\n

LGBTQ+ advocacy groups have challenged that in court, calling it unconstitutional and a threat to the health of gender-diverse youth. This summer, a judge agreed and put that part of the law on hold pending a full airing of the issues.<\/p>\n

The Canadian Medical Association is also challenging the law, calling it unprecedented interference in the doctor-patient relationship.<\/p>\n

A second law makes changes in schools.<\/p>\n

It requires parents to be notified if a child under 16 wants to change their name or pronoun at school for reasons of gender identity. LGBTQ+ advocacy groups are also challenging that on constitutional grounds, but for now it remains in force.<\/p>\n

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

The government of Saskatchewan passed a similar school pronoun requirement law in 2023 and invoked the notwithstanding clause to shield it.<\/p>\n

The third law compels schools, colleges and other governing bodies of amateur sport to adopt policies to ensure only those born female play in female-only leagues and divisions.<\/p>\n

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The notwithstanding clause is a rarely used constitutional convention that exists to ensure balance between the courts and duly elected governments. Governments can invoke the clause but must renew it every five years, tying the use of the clause to the normal term of a government.<\/p>\n

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Smith said they are following the wishes of Albertans.<\/p>\n

\u201cThese measures reflect the views of an overwhelming majority of Albertans, and it is our responsibility to make sure that they are not overturned,\u201d she said.<\/p>\n

\u201cThese lawsuits could take years to resolve, including possible appeals to the Supreme Court.<\/p>\n

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\u201cThese delays are not acceptable to this government when children are in harm\u2019s way.\u201d<\/p>\n<\/blockquote>\n

Bennett Jensen, the legal director for Egale, one of the advocacy groups challenging the government\u2019s laws, said Tuesday that the court process being inconvenient isn\u2019t a valid excuse for taking such drastic measures.<\/p>\n

\u201cThat would be laughable if it wasn\u2019t so deeply offensive,\u201d said Jensen.<\/p>\n

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\u201cI\u2019m almost speechless.\u201d<\/p>\n<\/blockquote>\n

He said the government is pushing misinformation in its attempt to justify the laws, and pointed to the court injunction over the summer where a judge agreed with the evidence presented by his team rather than the government\u2019s filings.<\/p>\n

\u201cThe government is targeting a misunderstood, vulnerable minority population, and is unwilling to defend itself in court on the basis of that targeting,\u201d he said.<\/p>\n

Jensen also said that just because the government invoked the notwithstanding clause, doesn\u2019t mean Egale will be dropping its legal battle.<\/p>\n

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\u201cWe\u2019ll be able to make our next steps clear likely in the coming days or weeks, but the fight isn\u2019t over.\u201d<\/p>\n

The health law, along with the treatment restrictions, also prohibits gender-reassignment surgery for those under 18.<\/p>\n

\u201cWe cannot and will not take the risk of a child undergoing medical, hormonal or surgical interventions that could permanently limit or eliminate choices they may want to make as an adult to have children of their own one day,\u201d Smith said.<\/p>\n

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On Monday, advocates gathered at the legislature in expectation the government would invoke the notwithstanding clause.<\/p>\n

Marni Panas, a transgender woman, told reporters the government was attacking human rights.<\/p>\n

\u201cIt is not just targeting one group. It\u2019s attacking the very foundation of our democracy,\u201d she said.<\/p>\n

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\u201cIf we allow this to continue, nobody\u2019s rights are safe.\u201d<\/p>\n<\/blockquote>\n

Quin Bergman, an Edmonton high school student who skipped class to join others on the legislature grounds, said their sibling was driven to suicide by an onslaught of hate toward transgender people.<\/p>\n

\u201cIt\u2019s stuff like what the government is doing that makes people lose hope,\u201d Bergman said.<\/p>\n

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Dr. Margot Burnell, the head of the Canadian Medical Association, said they are deeply disappointed in the government using the notwithstanding clause, saying it undermines patients\u2019 rights and doctors\u2019 ability to provide the best clinical care.<\/p>\n

\u201cThis kind of political intrusion into evidence-based care is unacceptable and risks setting a precedent that affects other national health issues, such as vaccination or reproductive health,\u201d Burnell said in a statement.<\/p>\n

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Smith\u2019s government also invoked the notwithstanding clause on Oct. 27 to end a provincewide teachers strike and impose a labour contract that teachers previously rejected.<\/p>\n

Smith said students had been out for weeks and that the government believed this was too much of a social, emotional and educational hardship for them to bear.<\/p>\n

That move incited widespread criticism of government overreach, including by civil liberties organizations, labour unions, Amnesty International\u2019s Canadian chapter, lawyer groups and the Anglican Diocese of Edmonton.<\/p>\n

It also led some United Conservative Party caucus members to say they have been on the receiving end of a barrage of calls and emails from constituents decrying the government\u2019s decision.<\/p>\n

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The Alberta Teachers\u2019 Association has filed a legal challenge against the government\u2019s back-to-work order, arguing the use of the notwithstanding clause was improper and, therefore, invalid.<\/p>\n

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A hearing is set to take place in Edmonton on Thursday.<\/p>\n

Jason Schilling, the head of the teachers\u2019 association, said using the notwithstanding clause again \u201cdemonstrates a flagrant disregard for basic human rights.\u201d<\/p>\n

Schilling, in a statement, added:<\/p>\n

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\u201cNormalizing the use of the notwithstanding clause is a dangerous practice. This overreaching legislation will harm vulnerable students instead of providing any sense of protection.\u201d<\/p>\n<\/blockquote>\n

Justice Minister Mickey Amery, speaking alongside Smith on Monday, dismissed concerns about the government\u2019s repeated use of the notwithstanding clause, arguing that it has not been used frequently.<\/p>\n

\u201cAt the end of the day, I\u2019ll stand by this,\u201d Amery said, adding that the government\u2019s new bill also overrides any right set out in the Alberta Bill of Rights and the provincial human rights code.<\/p>\n

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\u201cWe\u2019re prepared again to use every single legal and constitutional tool to make sure that the health and well-being of our children are protected.\u201d<\/p>\n<\/blockquote>\n

Opposition Alberta NDP Leader Naheed Nenshi said the government using the notwithstanding clause yet again shows they are \u201cdrunk on power\u201d with tangible and potentially tragic consequences.<\/p>\n

\u201cIt\u2019s not fair, it\u2019s not right, and these are real human beings that could be very badly hurt,\u201d he said.<\/p>\n","protected":false},"excerpt":{"rendered":"The Alberta government has invoked the Charter\u2019s notwithstanding clause to protect from legal challenge a trio of laws…\n","protected":false},"author":3,"featured_media":389851,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[10905,135375,2147,50,127654,31750,80,185657],"class_list":{"0":"post-389850","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-news","8":"tag-alberta-legislature","9":"tag-bill-9","10":"tag-canada","11":"tag-news","12":"tag-notwithstanding-clause","13":"tag-perspectives","14":"tag-politics","15":"tag-transgender-youth"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115576230371752275","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/389850","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=389850"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/389850\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/389851"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=389850"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=389850"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=389850"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}