US EditionAlberta invokes notwithstanding clause on trio of transgender laws
Alberta’s government uses the Charter’s notwithstanding clause to protect three controversial transgender laws from court challenges, affecting healthcare, sports participation, and parental consent.
- On Tuesday, the United Conservative Party government introduced Bill 9, the Protecting Alberta's Children Statutes Amendment Act, to invoke the notwithstanding clause and block court challenges to three laws affecting transgender and gender-diverse people.
- Premier Danielle Smith said ongoing lawsuits could take years and risk children's health, while Mickey Amery said invoking the clause would end litigation, and he stated, 'This is needed now,' Amery said.
- The clause targets three specific laws: Bill 26, Bill 27 and Bill 29, which limit gender‑affirming treatment for youth, require parental consent, and restrict transgender girls from female sports.
- Three LGBTQ2S+ advocacy organizations, including Egale and the Skipping Stone Foundation, challenge the bills amid ongoing lawsuits and a law suspended earlier this year, with court challenges still active.
- This is the province's second invocation of the clause in weeks, after its Oct. 27 action to end teachers strike affecting 51,000 educators, and a Leger poll earlier this month found more than half viewed it as inappropriate.
54 Articles
54 Articles
'Stepping into the exam room': AMA raises concerns over Alberta's use of the notwithstanding clause on laws impacting transgender people
The Alberta government's use of the notwithstanding clause to prevent court challenges against its three laws affecting transgender people has garnered concern over the frequency of its use and undermining physician judgment.
Alberta Invokes Notwithstanding Clause to Uphold Legislation Limiting Gender Transition for Minors
Alberta’s UCP government has tabled legislation invoking the notwithstanding clause to shield three laws passed last year, which deal with gender‑transition issues for minors, from legal challenges. Bill 9, tabled Nov. 18, uses the notwithstanding clause to uphold laws that bar those under 18 from gender transition surgery, restrict the teaching of gender identity topics in schools, and limit participation in female sport competitions solely to …
Danielle Smith prepares to use the notwithstanding clause to shield Alberta’s transgender youth laws
“These measures reflect the views of an overwhelming majority of Albertans,” Premier Danielle Smith said, referring to the changes to both transgender health care and sport made last fall as among the “most consequential” moves her government has taken.
Coverage Details
Bias Distribution
- 70% of the sources lean Left
Factuality
To view factuality data please Upgrade to Premium
