Notwithstanding Clause Won’t Stop Court Challenges of Alberta Trans Laws: Groups
Alberta's government aims to protect three controversial transgender laws from legal challenges by invoking the notwithstanding clause, a move sparking national debate on parliamentary sovereignty.
- Alberta is appealing a temporary court injunction against its health restriction law while planning to invoke the notwithstanding clause this fall.
- The government intends to use the notwithstanding clause to protect three laws concerning pronoun use in schools, participation in women's sports, and gender-affirming medical treatments from constitutional challenges.
- Doctors, 2SLGBTQ+ groups Egale and Skipping Stone, and the Canadian Medical Association are challenging these laws and the health law’s constitutionality.
- Helen Kennedy of Egale expressed how alarming it is to realize the consequences when your own government targets you, impacting your access to essential services and personal identity, and affirmed that they will pursue further legal action on the matter.
- Despite Alberta’s use of the notwithstanding clause, critics warn it undermines rights and won’t stop court challenges, while the province vows to use all legal means to protect children.
18 Articles
18 Articles
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 pa…
Notwithstanding clause won’t stop court challenges of Alberta trans laws: groups
Doctors and LGBTQ+ advocacy groups challenging Alberta laws affecting transgender people say they aren’t backing down after learning the province plans to invoke the Charter’s notwithstanding clause.
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