Alberta Legislature in session, image via https://www.assembly.ab.ca
EDMONTON — Alberta’s government is defending its decision to invoke the notwithstanding clause on its controversial Bill 9, saying the move is needed to prevent courts from delaying or overturning new laws that affect LGBT2S+ youth.
Bill 9 amends three recent statutes that restrict gender-affirming care for minors, require parental consent for name and pronoun changes in schools, and limit participation in women’s and girls’ sports to those assigned female at birth. The province says using the clause will guarantee the measures take effect without legal uncertainty.
Premier Danielle Smith said the goal is to ensure parents remain central in decisions involving their children and to prevent youth from making irreversible choices about gender or fertility. She said the government will not back down from what she characterized as child-protection measures supported by most Albertans.
Justice Minister Mickey Amery said the clause strengthens democratic accountability by keeping decisions in the hands of elected officials. He said the government is acting to prevent activists from using court challenges to delay or stop the laws.
The clause will apply to the Health Statutes Amendment Act, which bans gender reassignment surgeries for anyone under 18 and prohibits puberty blockers and hormone treatments for gender transition for anyone under 16. It will also apply to the Education Amendment Act, which requires parental consent before a student under 16 changes names or pronouns at school and requires parents to opt in before their children receive instruction on gender identity, sexual orientation or human sexuality. It will also cover the Fairness and Safety in Sport Act, which restricts female divisions in amateur sports to athletes who were born female.
Supporters quoted by the province praised the move as necessary to protect children and ensure fairness in women’s sports. Critics of the legislation were not included in the government’s release.
The government says the clause is intended to preserve the balance between courts and elected legislatures. Once invoked, courts cannot strike down the affected laws on the basis of the Charter of Rights and Freedoms, the Alberta Bill of Rights or the Alberta Human Rights Act.
The notwithstanding clause, found in section 33 of the Charter, allows legislatures to shield laws from certain Charter rights challenges. Alberta’s own human rights laws also contain similar override provisions.
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