Alberta premier Danielle Smith reportedly plans to use the Notwithstanding Clause to force through her government’s three pieces of anti-trans legislation.
According to an internal memo obtained by the Canadian Press, Alberta officials are being directed by Smith’s office to secretly assemble background information and legal implications related to invoking the clause. The plan is to bring that info back to cabinet on Oct. 21, before the legislature resumes sitting two days later.
Last year, Alberta introduced and passed three pieces of anti-trans legislation. One related to restrictions on gender-affirming care for minors, another banned trans women and girls from women’s sports and another mandated that schools inform parents if a student chooses to go by a different name or pronouns for gender reasons.
All three bills passed into law last December. But they quickly faced legal challenges from doctors and LGBTQ2S+ advocacy groups, who argued that the laws violate the charter rights of trans kids in Alberta.
But the notwithstanding clause is a way of getting around all of that. We break down how Smith plans to use the clause, and what precedent it could set.
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