Alberta invokes the “notwithstanding clause” for laws regulating gender transition for minors

Alberta’s UCP government has introduced Bill 9, which uses the notwithstanding clause in Section 33 of the Canadian Charter of Rights and Freedoms to shield three laws passed last year regulating gender transition issues for minors.

The laws:
— ban gender-transition surgeries for those under 18 and the use of puberty blockers or hormone treatments for those under 16;
— require parental consent for students under 16 to change their name or pronouns, and for participation in lessons on sexual orientation and gender identity;
— limit participation in female sports competitions to individuals born biologically female.

Premier Danielle Smith said the clause is needed “to protect children and ensure parents are involved in major decisions.” The mechanism would prevent these laws from being subject to judicial review for five years.

Two of the three laws are already being challenged by LGBT organizations, which argue that the measures violate rights and medical freedom. Alberta NDP leader Naheed Nenshi also criticized the move, calling it a restriction on the rights of parents and doctors.

Alberta’s government says the majority of residents support these measures.