Alberta Premier Danielle Smith speaks to reporters after signing an agreement with Ontario and Saskatchewan during the 2025 summer meeting of Canada’s premiers at Deerhurst Resort in Huntsville, Ontario, on Tuesday, July 22, 2025. The Canadian Press
Alberta’s government has taken the rare step of invoking the Charter’s notwithstanding clause to protect three laws affecting transgender youth and adults. Premier Danielle Smith said her government had no choice, arguing the measures address the safety and health of children and cannot withstand long legal delays.
Smith introduced the new bill Tuesday. If it becomes law, it will override certain Charter rights so the three existing laws cannot face constitutional challenges. Smith defended the move at a news conference, saying, “This is one of the most consequential actions our government will take during our time in office.” She said children’s well-being outweighs the risk of years of court delays.
The three laws passed more than a year ago. They affect transgender youth in health care, schools and sports. Two of the laws are already tied up in constitutional challenges.
Health Law at the Centre of the Fight
Much of the legal debate focuses on the law that bans puberty blockers and hormone therapy for anyone under 16 when used for gender transition. LGBTQ+ groups challenged the law, saying it harms youth and violates their rights. Earlier this year, a judge agreed. The judge put that part of the law on hold until the courts can review the evidence fully.
The Canadian Medical Association also joined the fight. It argued the law interferes with the doctor-patient relationship in a way never seen before.
Another law requires schools to inform parents if a child under 16 wants to change their name or pronouns at school. Advocates say this rule puts vulnerable students at risk. They are challenging it in court, but for now the law remains in place.
A third law requires sports organizations to ensure only athletes born female can compete in girls’ leagues. Supporters say this protects fairness in sport. Critics say it targets transgender youth.
Government Stands Firm Despite Public Pushback
Smith says most Albertans support the laws. She argued that the notwithstanding clause ensures the laws stay in place during long legal battles. The clause must be renewed every five years.
But opponents say the government crossed a line. Bennett Jensen, the legal director of Egale, said the government cannot claim inconvenience as a reason to sidestep rights. He said the government spreads misinformation about transgender people and avoids defending the laws in court.
Advocates rallied at the legislature before the announcement. Marni Panas, a transgender woman, said the laws harm human rights and weaken democratic values. High school student Quin Bergman said their own sibling died after facing intense hostility toward transgender people. They said the government’s actions “make people lose hope.”
Doctors also raised alarms. Dr. Margot Burnell of the Canadian Medical Association said the clause undermines patient care and sets a risky precedent. She warned it could open the door to political interference in other health decisions.
Second Use of the Clause in a Month
The government used the clause just weeks ago to end a provincewide teachers strike and impose a contract teachers had rejected. That decision drew heavy backlash. The teachers’ union is now challenging the move in court. Critics say the government’s repeated use of the clause shows disrespect for fundamental rights.
Opposition Leader Naheed Nenshi said the government acts “drunk on power” and risks serious harm to real people. Justice Minister Mickey Amery dismissed concerns, saying the government will use every tool available to protect children.
