Alberta’s Bill 9 invokes the notwithstanding clause to block Charter challenges, but 2SLGBTQ+ advocates say legal fights over youth policies will continue.
Government Move Tests Legal Boundaries
Alberta’s latest legislative push has set off a renewed clash between policymakers and advocacy groups after the province introduced Bill 9 this week. The bill invokes the notwithstanding clause to protect three laws affecting transgender youth from Charter challenges, raising urgent questions about rights, precedent and provincial authority.
New Legislation Announced in Edmonton
Tabled Tuesday in the Alberta Legislature, Bill 9—formally the Protecting Alberta’s Children Statutes Amendment Act—aims to lift a court-ordered pause on a law banning gender-affirming care for minors and block litigation for five years. Premier Danielle Smith framed the move as necessary, calling the stakes “higher than ever.”
Advocates Respond With Resolve
Organizations at the centre of the legal fight, including Egale Canada and the Skipping Stone Foundation, say the new barrier complicates their path but does not extinguish it. Egale legal director Bennett Jensen said the group is assessing next steps while stressing that constitutional oversight cannot be bypassed. “The government can’t opt out of the court process,” he said, pledging continued action.
Scope of the Protected Bills
If enacted, Bill 9 would shield three contentious laws passed last year:
- Bill 26 – bans gender-affirming care for transgender youth;
- Bill 27 – requires parental consent for students under 16 to use preferred names or pronouns at school;
- Bill 29 – restricts participation in women’s sports to athletes assigned female at birth.
The province also intends to dissolve an injunction blocking Bill 26, which Egale and Skipping Stone successfully challenged in June.
Government’s Rationale Explained
Justice Minister Mickey Amery said the notwithstanding clause is being used to pre-empt ongoing disputes and “restore certainty” while the policies proceed. The clause, rarely applied, allows legislatures to temporarily override certain Charter rights for up to five years. Amery added that all current legal actions would be dismissed under the new framework.
Legal Community Offers Mixed Views
Constitutional law scholars are divided. Geoffrey Sigalet of the University of British Columbia said Alberta’s use of the clause aligns with its intended function—allowing legislatures to counteract what they view as premature judicial intervention. He noted that the Supreme Court’s upcoming hearing on the limits of judicial declarations during clause use will likely influence future interpretations.
Advocacy Efforts Continue Despite Uncertainty
Advocates say the legislation sends a troubling message to transgender youth but are shifting focus to community support while preparing alternative legal strategies. Skipping Stone co-founder Amelia Newbert said the government’s pivot to the notwithstanding clause signals waning confidence in the laws’ ability to withstand Charter scrutiny. She emphasized that support networks will “work twice as hard” to ensure trans youth feel safe and affirmed.
Broader Healthcare Pushback
The Canadian Medical Association, alongside three Alberta physicians, previously filed court action challenging restrictions on gender-affirming care. While the CMA has not confirmed how Bill 9 will affect its case, the association reiterated this week that it will continue advocating against what it characterizes as political intrusion into clinical decisions.
