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Alberta to Use Notwithstanding Clause on Its Three Transgender Laws: Memo

Alberta plans to use the notwithstanding clause to uphold transgender health restrictions and related laws amid ongoing legal challenges and court injunctions claiming discrimination.

  • Alberta Premier Danielle Smith plans to invoke the Charter's notwithstanding clause on three laws regarding transgender people this fall, according to an internal government memo.
  • The laws govern students changing names or pronouns, prohibit transgender girls from female sports, and limit gender-affirming health care access.
  • Helen Kennedy of Egale Canada called invoking the notwithstanding clause 'an unconscionable attack on 2SLGBTQI people.'
  • Saskatchewan's government previously used the notwithstanding clause on a similar law, which is also under legal challenge.
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In an internal note, Prime Minister Danielle Smith asked the public servants to invoke it.

·Montreal, Canada
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Winnipeg Free Press broke the news in Winnipeg, Canada on Thursday, September 18, 2025.
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