Particle.news
Download on the App Store

Alberta Tables Bill 9 to Invoke Notwithstanding Clause for Transgender-Related Laws

The government says the step is needed to avoid years of court fights and keep the measures in force.

Overview

  • Bill 9 would apply Section 33 to three 2024 laws that restrict gender-affirming care for minors, require parental consent and notification in schools with opt‑in sex education, and limit female sports to those assigned female at birth.
  • The declaration would override Charter sections 2 and 7–15 for up to five years and suspend specified rights under the Alberta Bill of Rights and Human Rights Act.
  • Multiple lawsuits are underway, and a judge in June suspended parts of the health law that ban puberty blockers and hormones for those under 16, citing potential irreparable harm.
  • Premier Danielle Smith and Justice Minister Mickey Amery argue the move will prevent prolonged litigation, while medical associations, LGBTQ+ advocates and opposition leaders condemn it as undermining rights and clinical care.
  • This marks the second recent use of the clause by the province after the Oct. 27 Back to School Act, even as courts across Canada consider the limits of notwithstanding protections.