Alberta Premier Smith willing to use the notwithstanding clause on trans health bill

Alberta Premier Danielle Smith has stated that she is open to using the notwithstanding clause as a “last resort” to protect her government’s transgender health restrictions. This comes as a provincial law is set to ban doctors from providing gender-affirming treatment, such as puberty blockers and hormone therapy, to individuals under the age of 16. Additionally, a surgical prohibition is already in effect, halting gender-affirming “top” surgeries for minors.

During a recent radio call-in show, Smith expressed her willingness to invoke the notwithstanding clause, which allows governments to override certain Charter rights for up to five years. She emphasized that her main concern is protecting children’s right to preserve their fertility until they reach adulthood. However, she hopes to avoid using the notwithstanding clause, as it may imply that lawmakers have not been careful enough in crafting the legislation.

Despite the potential use of the notwithstanding clause, Smith has confidence that her government’s bill will withstand a Charter challenge. She believes that the legislation is reasonable, proportionate, and evidence-based. However, two LGBTQ+ advocacy organizations, Egale Canada and the Alberta-based Skipping Stone Foundation, along with five families, are challenging the law in court.

Bennett Jensen, legal director at Egale Canada, has stated that they will seek an injunction to protect young people’s access to healthcare while the courts determine the constitutionality of the law. They argue that the changes to health law violate gender-diverse young people’s Charter rights to security of the person, freedom from cruel and unusual treatment, and equality.

The legal battle is set to unfold in the Court of King’s Bench of Alberta, where lawyers on both sides will present their arguments. The legislation in question is part of a series of bills that will impact transgender youth and adults in the province. One bill would require parental consent for children under 16 to change their names or pronouns at school, while another would prevent transgender athletes from competing in female amateur sports.

Jensen has criticized the government’s stance on puberty blockers, stating that these treatments actually provide young people with the time to make informed decisions and prevent irreversible changes. The debate surrounding these bills has already had a negative impact on transgender children and athletes, according to Jensen.

As the legal battle continues, the fate of transgender healthcare in Alberta remains uncertain. The use of the notwithstanding clause as a last resort underscores the contentious nature of this issue and the challenges faced by transgender individuals in accessing necessary medical care.