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Alberta Sets Oct. 21 Cabinet Review on Notwithstanding Clause for Transgender Laws

A leaked memo sets an Oct. 21 cabinet review date for the override plan.

Overview

  • An internal memo obtained by The Canadian Press shows Alberta is preparing to invoke Section 33 to shield three statutes and intends to take the plan to cabinet on Oct. 21.
  • The laws restrict gender‑affirming health care for under‑16s, require parental consent for school name or pronoun changes, and bar transgender girls aged 12 and up from female amateur sports.
  • The health‑care restrictions are currently paused by a Court of King’s Bench injunction, with the judge citing risks of irreparable harm to youth, and the province is appealing.
  • Ottawa has asked the Supreme Court to place limits on the notwithstanding clause, including addressing repeated renewals and allowing courts to issue rights rulings, while Alberta’s filings urge the court to uphold the 1988 precedent and reject judicial review of Section 33 use.
  • Premier Danielle Smith defended possible invocation on her radio program, saying it may be needed to 'protect kids' given lengthy court timelines, as Egale Canada and the Canadian Medical Association condemned the move.