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Alberta Readies Notwithstanding Clause to Shield Transgender Laws After Leaked Memo

The plan surfaces as the Supreme Court weighs federal arguments to curb Section 33, setting up a test of provincial latitude over Charter rights.

Overview

  • An internal memo obtained by The Canadian Press shows Alberta preparing legislation to invoke Section 33 to protect three laws affecting transgender youth from court challenges.
  • The laws focus on those under 16 by prohibiting gender-affirming health care, barring transgender girls from female-only sports, and requiring parental consent for school name or pronoun changes.
  • A provincial spokeswoman said the clause would be used if the government deems it necessary, after Premier Danielle Smith previously characterized it as a last resort.
  • The gender-affirming care ban remains halted by a June injunction as Charter challenges proceed, and medical and advocacy groups criticized the new plan, including Egale Canada and the Canadian Medical Association.
  • At the Supreme Court, Ottawa has asked for limits on Section 33 while Alberta urges preservation of a 1988 precedent, with Deputy Justice Minister Malcolm Lavoie leading Alberta’s case and identified as the memo’s author.