Alberta moves closer in debate to passing bill using notwithstanding clause 3 times

EDMONTON – Alberta Premier Danielle Smith’s government moved one step closer late Tuesday night to passing legislation invoking the Charter’s notwithstanding clause for a fourth time in this sitting.

A bill invoking the rights-override clause was introduced after 10 p.m. for the first of two final stages of debate.

If the bill passes, Premier Danielle Smith’s government will have confirmed its use to shield from legal challenge three existing laws already on the books affecting transgender people.

Debate was expected to move quickly as Smith’s United Conservative caucus had already voted to mandate that debate on each of the final two stages would be limited to one hour each.

The three laws, introduced last year, police names and pronouns in school, ban transgender girls from participating in amateur female sports, and restrict gender-affirming health care for youth under 16.

One of the laws prohibits doctors from prescribing puberty blockers and hormone therapy for those under 16.

Speaking to the bill, NDP critic Kathleen Ganley called it “offensive to the rule of law and to our entire democracy” to use the overarching power of the notwithstanding clause on transgender youth “already at a higher risk of suicide.”

“It was put in the Constitution to be used judiciously, to be used rarely, to be used only in exceptional circumstances,” Ganley told the house.

“I don’t think anyone ever envisioned the possibility it might be used four times in a month by a government.”

Environment Minister Rebecca Schulz told the house the bill is critical to give parents and students help navigating complex, potentially life-altering medical decisions.

“This is not about denying kids care,” Schulz said. “We have a duty to ensure that care heals, that it stabilizes and protects, that it does not endanger.

“We also need to recognize the roles that parents play in keeping their children safe and supported no matter what their choices are or who they decide to be.”

The Canadian Medical Association has challenged the law in court, saying it violates a doctor’s right to freedom of conscience.

The Alberta Medical Association has repeatedly said puberty blockers do not render a person infertile or sterile and protect transgender children from more permanent changes that come with puberty.

Some families of transgender kids involved in a separate lawsuit that challenged the health-care restrictions have said their kids will be devastated once the law comes into effect, and some have said they will need to leave the province for the safety of their child.

The notwithstanding clause is a provision that allows governments to override certain sections of the Charter for up to five years.

Should the bill pass, it will be the fourth time Smith’s UCP has invoked it this fall sitting. They used the clause to legally backstop a bill that overrode teachers’ rights and ordered them back to work to end a three-week-long provincewide strike in late October. The bill also imposed on 51,000 teachers a collective bargaining agreement they previously rejected.

Earlier Tuesday, Smith reiterated in question period that her government needs to act to protect youth from potentially life-altering medical treatment decisions. 

“We believe that children need to get of an age where they can understand if they’re going to make decisions that affect their ability to have children of their own one day, they need to be making those decisions as a mature minor,” she said. 

Opposition NDP Leader Naheed Nenshi has said Albertans should be alarmed by Smith’s use of the clause, which he has said is an admission her transgender laws are unconstitutional and another example of rights and freedoms being stripped away.

This report by The Canadian Press was first published Dec. 9, 2025.