US EditionAlberta invokes notwithstanding clause on trio of transgender laws
Alberta's government invoked the notwithstanding clause to block court challenges to three laws impacting transgender youth, aiming to avoid delays and citing risks of harm, officials said.
- On Feb. 19, Alberta Premier Danielle Smith invoked the notwithstanding clause to shield three pieces of legislation affecting transgender and gender-diverse youth passed last year, announcing this at a Calgary news conference.
- The government argued the lawsuits could take years, including Supreme Court appeals, and Smith had weighed invoking the clause earlier this year as delays were unacceptable when children are 'in harm's way'.
- In June, an Alberta judge suspended the law banning gender reassignment surgery for youth under 18 and puberty blockers and hormone treatment for those under 16, with Court of King's Bench Justice Allison Kuntz warning of irreparable harm and intrusive effects on families.
- Alberta Justice Minister Mickey Amery said at a Monday news conference that invoking the notwithstanding clause will end litigation over the three laws, blocking judicial review for up to five years.
- With the Supreme Court of Canada weighing related questions, Alberta teachers have said they will challenge the government's use of the notwithstanding clause amid recent debates and Alberta's intervenor status.
32 Articles
32 Articles
Danielle Smith prepares to use the notwithstanding clause to shield Alberta’s transgender youth laws
“These measures reflect the views of an overwhelming majority of Albertans,” Premier Danielle Smith said, referring to the changes to both transgender health care and sport made last fall as among the “most consequential” moves her government has taken.
The Smith government suspends fundamental rights in the application of three trans-person laws passed a year ago.
Alberta moves to shield transgender youth laws with notwithstanding clause
EDMONTON — Alberta is invoking the notwithstanding clause to protect three laws affecting transgender youth and adults from further court challenges, marking the second time the province has used the clause in less than a month. The government introduced Bill 9 on Tuesday to shield legislation that had been partially halted by an injunction earlier this year. The measures include restrictions on gender reassignment surgery for minors, a ban on p…
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