Alberta’s UCP government has tabled legislation invoking the notwithstanding clause to shield three laws passed last year, which deal with gender‑transition issues for minors, from legal challenges.
Bill 9, tabled Nov. 18, uses the notwithstanding clause to uphold laws that bar those under 18 from gender transition surgery, restrict the teaching of gender identity topics in schools, and limit participation in female sport competitions solely to those born as biological females.
The notwithstanding clause is found in Section 33 of the Charter of Rights and Freedoms, and allows governments to override certain rights in the Charter via legislation they consider crucial for society, the economy, or law and order. Successful invocation of the clause would prevent the laws in question from undergoing judicial review for five years, with provisions for renewal, something Alberta Premier Danielle Smith said is necessary to protect children….