Alberta Premier Danielle Smith speaks with reporters
Government of Alberta
Alberta's United Conservative Party government is preparing to shield three contentious laws targeting transgender youth by invoking the Charter's notwithstanding clause, escalating tensions with the federal Liberals in Ottawa.
A leaked internal memo, first obtained by The Canadian Press , reveals Premier Danielle Smith's office directed justice officials on Sept. 10 to draft amendments for the fall legislative session. The measures would override Charter rights challenges to restrictions on name and pronoun changes for students under 16 in schools, bans on transgender girls participating in female school sports and limits on gender-affirming care, including puberty blockers for minors under 18.
The clause, Section 33 of the Charter, allows governments to suspend certain rights for five years but cannot preemptively block declaratory court rulings on constitutionality, as affirmed in a recent Saskatchewan case.
Smith defended the move on her radio show, arguing it protects children from "irreversible decisions" amid lengthy court delays, which could span "years and years." "We're on the side of kids," she said, per CBC News . Alberta Justice spokesperson Heather Jenkins confirmed the province will use "all available legal means" to safeguard youth.
The plan has ignited backlash. The Canadian Medical Association urged Alberta to refrain, warning it interferes with patient care (CNW via Cantech Letter ). Egale Canada decried it as "state-sponsored transphobia," vowing continued lawsuits (The Globe and Mail ). Doctors and LGBTQ+ groups affirmed challenges persist, despite the shield.
This comes amid a broader federal-provincial rift. On Sept. 17, Alberta filed Supreme Court arguments supporting Quebec's Bill 21, calling the clause a "hard-fought compromise" essential to provincial sovereignty (CTV News ). Ottawa, however, urged the court to impose limits, arguing repeated or pre-emptive use erodes rights and risks "irreparable impairment" (CBC News ). Prime Minister Mark Carney opposes pre-emptive invocations, viewing them as threats to Charter supremacy (Global News ).
Smith lambasted Ottawa's stance as risking "national unity," demanding withdrawal of its appeal (National Observer ). Ontario echoed Alberta's defense, warning restrictions amount to a "back-door" constitutional amendment (National Post ).
A Supreme Court hearing date remains unscheduled, but the case could redefine federalism. Critics, including the Canadian Civil Liberties Association, fear it normalizes rights overrides. Alberta's fall session, starting Oct. 23, may fast-track the amendments.