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Alberta Tables Bill 9 to Shield Transgender-Related Laws With Notwithstanding Clause

The government says the clause will avert years of litigation to ensure the measures take effect.

Overview

  • Bill 9 would apply Section 33 to three statutes, preventing courts from striking them under Charter sections 2 and 7–15 as well as the Alberta Bill of Rights and the Alberta Human Rights Act.
  • The protected laws limit gender-affirming medical care for minors, require parental consent for school name and pronoun changes with opt‑in for sexual education, and restrict women’s and girls’ sports to those born female.
  • Premier Danielle Smith and Justice Minister Mickey Amery said three active lawsuits and expected appeals justify the step, asserting the move will halt further legal challenges.
  • A Court of King’s Bench injunction in June by Justice Allison Kuntz suspended parts of the health law, finding the ban risked irreparable harm to gender‑diverse youth.
  • The declaration would last up to five years and can be renewed, marking the government’s second use of the clause this sitting as critics, medical groups and LGBTQ+ advocates denounce the plan and related Supreme Court reviews of the clause continue.