Alberta ready to use notwithstanding clause

Interim Staff:

Alberta Premier Danielle Smith’s government introduced Bill 9, which would utilize the notwithstanding clause of the Charter of Rights and Freedoms to ensure that three bills addressing transgender issues can remain free of judicial override.

In 2024, the Smith government passed three bills: Bill 26, the Health Statutes Amendment Act, 2024, prohibiting gender reassignment surgery for children under 18 and the provision of puberty blockers and hormone treatments for the purpose of gender reassignment to children under 16; Bill 27, the Education Amendment Act, 2024, requiring schools to obtain parental consent when a student under 16 years of age wishes to change his or her name or pronouns for reasons related to the student’s gender identity, and requires parental optin for lessons on sexuality and gender identity; and Bill 29, the Fairness and Safety in Sport Act, requiring the governing bodies of amateur competitive sports in Alberta to implement policies limiting participation in women’s and girls’ sports to those who were born female.” The laws are being challenged in the courts. The notwithstanding clause of the Charter prevents court decisions from overriding laws passed by the federal or provincial legislatures. Smith said, “By invoking the notwithstanding clause, we’re ensuring that laws safeguarding children’s health, education and safety cannot be undone – and that parents are fully involved in the major decisions affecting their children’s lives. That is what Albertans expect, and that is what this government will unapologetically defend.”

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