John Carpay: Alberta’s Use of the Notwithstanding Clause to Protect Kids Would Not Violate the Charter

Commentary
Media report that Danielle Smith’s government is contemplating using Section 33 of the Charter—the notwithstanding clause—to preserve a provincial law that protects children from harmful and unscientific transgender ideology. Some LGBTQ-etc advocates accuse Alberta’s premier of violating Charter rights as they have been defined by one judge in an interim ruling.
These advocates ignore the fact that the Charter protects the right of parents to raise, guide, educate, and nurture their children. Minors do not have a Charter right to keep their parents in the dark about life-altering decisions, like taking the first steps on a futile quest to try to become a member of the opposite sex. When political activists persuade judges to embrace ideology, Section 33 can be a helpful tool to protect children and preserve democracy….